 Patent Law Weblog By Kevin E. Noonan -- As has been noted recently (Agilent Technologies, Inc. v. Synthego Corp.), fact-based decisions from the U.S. Patent and Trademark Office (typically from the Patent Trial and Appeal Board) are reviewed under the substantial evidence standard enunciated in the Administrative Procedures Act (5 U.S.C. ยง 706) according to the Supreme Court's decision in Dickinson v. Zurko. The stringency of this standard of review has reduced the frequency with which the Federal Circuit has reversed (or vacated and remanded) PTAB decisions, but such decisions still exist. The circumstances under which such consequences can arise are illustrated in... 
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