Reference Antedated Based on Written Description in Grandparent to CIP and Actual Reduction to Practice
Dr. Richard Chinn reports,
In Nintendo of America v. ILife Technologies, the Fed. Cir. affirmed-in-part and reversed-in-part, the PTAB's holding that the cited art was not available against the patent based on substantial evidence supporting their conclusion as to written description and an actual reduction to practice, even though the patent was a continuation-in-part of the grandparent application. A disclosure of a range of communications devices in the original application was sufficient support for the claim term "communications device." The actual reduction to practice was supported by inventors' testimony, witness corroboration and corroborating documentary evidence of the prototype.