In re Swanson

Case Number: CLB0206

Date: 09.04.2008

Citation: 540 F.3d 1368, 88 U.S.P.Q.2d 1196 (Fed. Cir. 2008)

For purposes of reexamination, a reference may raise a substantial new question of patentability even after the reference has been considered by a court in determining validity and by the PTO as a secondary reference in a prior examination.

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