Patent Law | Expert Legal Commentary
May 5, 2010
Ex Parte Frye (Precedential): BPAI Does Not Give Deference to Examiner Position
Ex Parte Nancy C. Frye
By
Yuri Mikulka and Jeffrey J. Zuber of Zuber & Taillieu LLP
In a recent and rare precedential decision, the Board of Patent Appeals and Interferences (BPAI) has clarified that examiner findings are given no deference when specifically challenged on appeal. However, the Board will neither review nor disturb examiner findings that are not specifically challenged on appeal. The opinion in Ex Parte Nancy C. Frye, 94 U.S.P.Q.2d 1072, 2010 WL 889747 (BPAI 2010) is particularly notable because both U.S. Patent and Trademark Office Director David J. Kappos and Deputy Director Sharon R. Barner joined the Board in issuing the opinion.
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About the Authors
Yuri Mikulka is a Partner of Zuber & Taillieu LLP, and chairs its litigation department.
Jeffrey J. Zuber is a Partner of Zuber & Taillieu LLP, focusing on intellectual property litigation and arbitration.
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View a PDF of the judicial opinion