Thursday, March 26, 2015

CAFC reverses PTAB in IN RE BLAKE BOOKSTAFF

Outcome:  Because the Board incorrectly construed the term at issue, and its rejections are not supported under the proper construction, we reverse and remand.

The meaning of the word "indicative" was at issue:


“Indicative” is a common word with a well-known meaning. “Indicative” means “serving to indicate,” and the PTO agrees that “indicate” means “to be a sign, symptom, or index.” Appellee’s Br. 13. It would be inconsistent with the plain meaning of the term “indicative” to conclude that a given value is “indicative” of another value where an entirely separate set of information, not transmitted by the card issuer, is necessary to determine that other value. Mr. Bookstaff used the term “indicative” consistent with this plain meaning throughout the specification.




link:  http://www.cafc.uscourts.gov/images/stories/opinions-orders/14-1463.Opinion.3-24-2015.1.PDF

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