The patent applicants sought to “swear behind” (37 CFR § 1.131) a certain prior art reference using affidavits and documents. The PTAB held that the applicants had not demonstrated conception and diligence to a reduction to practice sufficient to show prior invention and held that it could not consider new evidence that the applicants had not presented to the Examiner. The court affirmed.
In re: Steed, Case No. 2014-1458 (October 1, 2015); Opinion by: Newman, joined by Clevenger and Dyk; Appealed From: Patent Trial and Appeal Board. Read the full opinion here.