Broad Ocean v. Nidec Motor

Full

2014-01122 · US7208895B2

In plain English: The Board reviewed these claims and cancelled all of them. A later appeal reversed that result for the affected claims or issues.

How to read this page: start with the Case brief above, use (the small numbered links) to open the exact source page they cite, then use Reference material further down for claim-by-claim and ground-by-ground detail.

Case brief

All challenged claims cancelled

The Board cancelled both challenged claims of Nidec's motor patent - and the Federal Circuit gave claim 21 back.[2][30][36]

Broad Ocean petitions for review of claims 9 and 21 July 3, 2014·Board institutes on three anticipation grounds; the Hiroyuki ground dies with a denied exhibit correction January 21, 2015·Oral hearing before the Board October 16, 2015·Final written decision: claims 9 and 21 unpatentable January 12, 2016·Federal Circuit reverses the claim 21 cancellation March 14, 2017

  • The '895 patent is about torque control of permanent-magnet rotating machines.[4]
  • Broad Ocean filed four anticipation grounds - two references per claim - and the Board instituted on three of them.[17][24][25]
  • Two of the three instituted grounds landed: Chen took down claim 9, Kusaka took down claim 21 - the Walters ground alone missed.[5][6][7]
  • Nidec appealed, and the Federal Circuit reversed the claim 21 anticipation finding as unsupported by substantial evidence.[28][30][33]

This is the Federal Circuit's line on skilled-artisan gap-filling: a reference that misses a limitation does not anticipate just because a skilled artisan could envision the gap filled.[34][35]

Reference material

Claim-by-claim and ground-by-ground records underlying the brief above.

Claims × grounds ()
ClaimGround 2: §102 — Chen US6498449Ground 3: §102 — Kusaka US5569995Ground 4: §102 — Walters US6407531
9
Unpatentable[1]
——
21—
Unpatentable[2]
Not shown unpatentable[3]
  1. [1] Paper 41 at 8-11
  2. [2] Paper 41 at 11-15
  3. [3] Paper 41 at 15-18
Denied grounds ()
Documents