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Emerson Electric v. SIPCO (P.T.A.B. Jan. 24, 2020)

The Patent Trial and Appeal Board held that a certificate of correction could not be applied retroactively.


The patentee petitioned to correct a claimed priority date in order to remove as prior art a patent that the Board had relied on to invalidate all of the challenged claims. The certificate did not issue until months after the Board's final written decision.


On remand from the Federal Circuit, the Board held that a certificate of correction could only apply prospectively.


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