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1. In re Lister, 2009-1060, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, September 22, 2009, Decided
OVERVIEW: Because evidence in Information Disclosure Statement neither provided substantial evidence that applicant's manuscript was publicly accessible as of critical date nor sufficed to prove prima facie case of accessibility to shift burden to applicant to show inaccessibility, Board of Patent Appeals erred in affirming 35 U.S.C.S. § 102(b) rejection.
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