Can reversed federal district court decisions be cited as authority in patent examination?
No, federal district court decisions that have been reversed on appeal should not be cited as authority in patent examination. The MPEP explicitly states:
“It is important to recognize that a federal district court decision that has been reversed on appeal cannot be cited as authority.”
This guideline ensures that only valid and current legal precedents are relied upon in patent examination. Patent examiners and attorneys should be careful to verify the current status of any court decision before citing it as authority in their arguments or official actions.
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