In Re Jack Richard Simpson

rotary_cutting
In Re Jack Richard Simpson (Fed. Cir. June 9, 2004) (not citable as precedent).

In an appeal from the Board of Patent Appeals and Interferences (“Board”) for a pending patent application, the Court affirmed the Board’s rejection of Simpson’s claims as anticipated by U.S. Patent 5,161,442 under 35 U.S.C. 102(b). (The application involved technology for cutting cardboard.) Although not explicitly described in the prior art, the Court found anticipation because the reference was “inherently ‘capable’ of performing the functions claimed by Simpson.”