Ex Parte Joseph Ammirato et al., 2002 WL 31257862 (Bd.Pat.App. & Interf. 2002)

David Leason successfully brought an appeal to the Board of Patent Appeals and Interferences on behalf of client Borland Software Corporation. The Patent Examiner had rejected the claims of Borland's patent application using documents that David considered to be non-analogous art. David made that argument in his Brief on Appeal, and argued that such documents could not be the basis for contending that the claims would have been obvious to a person having ordinary skill in the relevant art. The Board of Appeals agreed and reversed the Patent Examiner. The application was remanded to the Examiner for further proceedings and allowed after only formal matters. That patent application is now U.S. Patent No. 6,438,565.