In re Incept LLC
Patent Trial and Appeal Board
Holding
The Federal Circuit held that the Board applied an unreasonably broad construction of “flow barrier” under the broadest-reasonable-interpretation standard. Because that erroneous construction drove the Board’s conclusion that the only difference from the prior art was the taper-angle limitation, the court vacated the obviousness ruling and remanded.
Why It Matters
Even in prosecution, the PTAB’s broadest reasonable interpretation must track the specification and cannot read a sealing/flow-barrier limitation so broadly that it covers any solid structure in the general claimed location.
Full Summary
Key Points
- Claim 1 recited a catheter strain relief member with ridges, each forming a “flow barrier” between the catheter outer surface and the top of the ridge, plus a specified taper-angle limitation.
- The Board adopted the examiner’s construction under which the “flow barrier” could be any solid structure positioned within the claimed location.
- The Federal Circuit rejected that construction, reading the claim and specification to require a solid surface spanning from the catheter outer surface to the top of the ridge along the circumference at the ridge.
- Because the Board’s § 103 analysis assumed that Thomspon Smith disclosed all claimed structure except the taper angle, the incorrect claim construction impaired the obviousness analysis.
- The court did not decide obviousness on the merits and remanded for the Board to assess patentability under the Federal Circuit’s construction.
How this summary was made: Drafted with AI from the court's opinion or order. Read the document itself before relying on the summary. Editorial policy
New to Patent prosecution? See our Patent prosecution page
- Fed. Cir. · Oct. 19, 2026Google LLC v. Valtrus Innovations Ltd.
- PTAB Director Review · Oct. 19, 2026Tesla, Inc. v. Intellectual Ventures II
- ITC · Oct. 16, 2026Certain Storage Containers and Toolboxes, Organizers, Component Boxes, Coolers, and Accessories Used Therewith; Inv. No. 337-TA-1409 (Violation)
- Fed. Cir. · Oct. 14, 2026Syngenta Crop Protection AG v. UPL Ltd.
- Fed. Cir. · Oct. 1, 2026In re Satius Holding, Inc.
