IPNews® – A three-judge Federal Circuit panel on Tuesday issued an affirmation of a patent rejection by the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board, but called for an en banc rehearing to clarify the standard of review the appeals court should apply to the PTAB’s claim construction rulings.

The appeal concerned an attempt by Flo Healthcare Solutions LLC to overturn a PTAB decision affirming the PTO’s reexamination decision finding its patent claims lacking, which the Federal Circuit upheld using a different reasoning. There is an unnecessary lack of clarity and uniformity in the rules on how to treat PTAB claim constructions, Circuit Judge S. Jay Plager, who authored the majority opinion, said. To continue reading, click: Federal Circuit Panel Wants Review Of PTO Claim Construction Standards