Posts Tagged: "In re Nordt Dev. Co."

Nordt Succeeds in Appeal to Federal Circuit on Knee-Brace Application

Despite its ultimate conclusion, the Court observed that Nordt failed to “persuasively or precisely” articulate to the Board “what structural limitation is imparted” by the “injection molded” language. The Federal Circuit explained that had Nordt better articulated its arguments to the Board it may well have succeeded at the Board. Nevertheless, Nordt’s failure to identify that structure did not affect the panel’s conclusion, as the structural nature of “injection molded” can be gleaned from the plain claim language in conjunction with the specification.