United States: Characterization Of Reference As Primary Or Secondary Has No Effect On The Obviousness Analysis - Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

In Schwendimann v. Neenah, Inc., No. 22-1333 (Fed. Cir. Oct. 6, 2023), the Federal Circuit affirmed the Patent Trial and Appeal Board's ("Board") holding that all claims of U.S. Patent Nos. RE41,623, 7,754,042, and 7,766,475 and claims 1–6, 8–21, and 24–31 of U.S. Patent No. 7,749,581.