Broad Ocean v. Nidec Motor
Full2014-01122 · 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.
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]
- Federal Circuit Reverses PTAB Anticipation Holding As Improperly Finding One Would 'At Once Envisage' Missing Limitation
Knobbe Martens · March 15, 2017
- Federal Circuit to PTAB: Prior Art Cannot Anticipate Absent Disclosure of All Claimed Features (Nidec Motor v. Zhongshan Broad Ocean Motor)
PTABWatch (Marshall Gerstein) · April 6, 2017
- Anticipation Law Does Not Permit Finding Missing Claim Elements Based Only on Artisans 'Immediately Envisioning Them'
Finnegan · April 13, 2017
Reference material
Claim-by-claim and ground-by-ground records underlying the brief above.
- Ground 1: §102Not instituted
Hiroyuki JPH11155202
Claims 9
Paper 20 at 15; reference not considered (missing translation affidavit, 37 C.F.R. § 42.63(b)); rehearing denied Feb 24, 2015