• Oct 10 2018
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  • Category: CAFC Updates

Woodbolt Distributors, LLC requested that the PTO reexamine U.S. Patent No. 8,067,381 directed to increasing athletes’ endurance and owned by Natural Alternatives International, Inc. (“NAI”). The PTO ordered inter partes reexamination, and the examiner rejected the challenged claims as anticipated by or obvious over cited prior art, including a parent of the reexamined patent. NAI appeals the PTAB’s final determination affirming the examiner’s rejections and its subsequent denial of NAI’s request for rehearing. Woodbolt is not a party to this appeal. The Director of the PTO has intervened to defend the Board’s decision. Finding that the Board did not err in determining that the priority claim in the ʼ381 patent was defective and that an earlier filed application was prior art, the CAFC affirms.


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