Digest of In Re Ali S. Khayrallah, No. 2014-1382 (Fed. Cir. Dec. 9, 2014) (nonprecedential). On appeal from the PTAB in Serial No. 11/517,533. Before Dyk, Wallach, and Hughes.

Procedural Posture: Applicant Ali S. Khayrallah (“Khayrallah”) appealed a decision from the PTAB that rejected his claims as anticipated or obvious. CAFC affirmed.

  • Claim Construction: The PTAB did not err in interpreting claim language requiring two antennas “selectively assign[ed]” to receive a respective first and second sub-signal of a wideband signal which have different bandwidths and overlap in the frequency domain. The PTAB’s interpretation, which required merely assigning antennas “capable” of receiving signals at discrete frequency components of the wideband signal, properly found the claim language to be limiting and was consistent with the broadest reasonable interpretation of the terms as set forth in the specification.
  • Anticipation: The PTAB did not err in its finding that independent claim 1 in Khayrallah’s application (the only claim directly addressed on appeal) was anticipated by a prior art reference (“Tehrani”). CAFC determined that the PTAB’s reasoning was supported by substantial evidence because Tehrani disclosed a multi-antenna receiver where each antenna had a different physical location causing it to “selectively” receive the claimed first or second sub-signal. Similarly, Tehrani inherently disclosed the requirements of different bandwidths and frequency overlap since its antennas were at different locations but receiving the same wideband signal.