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Court Rejects Applicant’s Invitation for Recusal and Affirms Rejection of Claims

May 10, 2001

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Last Month at the Federal Circuit - June 2001

Judges: Mayer, Linn, and Dyk (per curiam)

In In re Constant, No. 01-1125 (Fed. Cir. May 10, 2001) (nonprecedential decision), the Federal Circuit affirmed a rejection of claims filed by James N. Constant as being obvious.

Initially, the Court rejected Constant’s request for the recusal of any judge who had been involved in any of his earlier cases. The Court saw no basis for such recusal other than Constant’s claim of bias based on nothing more than a disagreement with those decisions. Citing Supreme Court precedent, the Court rejected Constant’s invitation for recusal.

As for the merits, the Court affirmed the Board’s rejection reminding Constant that it had invalidated Constant’s earlier patent based on the same prior art now asserted against these very similar claims.