Factual findings of the U.S. Patent and Trademark Office Board of Patent Appeals and Interferences are reviewed under the substantial evidence standard, which is less deferential than the arbitrary and capricious standard, the U.S. Court of Appeals for the Federal Circuit held Feb. 15 (In re Gartside, Fed. Cir., No. 99-1241, 2/15/00).

Robert J. Gartside, owner of U.S. Patent Application No. 07/798,627, provoked an interference by copying claims from Forgac’s U.S. Patent No. 5,043,058, which relates to catalytic oil cracking processes. The Administrative Patent Judge determined that the count corresponded exactly to Claim 47 of the application. Nevertheless, for purposes of evidence and argument, the APJ considered Claim 47 to represent some claims, but not others.

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