In an order Wednesday, Feb. 17, 2010, the Federal Circuit has agreed to consider the scope of evidence to be considered in an action filed under 35 U.S.C. § 145 to obtain review of a decision of the Board of Patent Appeals and Interferences. The case is Hyatt v. Kappos. Specifically, the court ordered briefing on the following issues:
(a) Are there any limitations on the admissibility of evidence in section 145 proceedings? In particular—
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