Judge Newman re-iterates her viewpoints on evidentiary review standards in South Alabama v. Gnosis

The conclusion of the majorityBecause substantial evidence supports the Board’sfactual findings, except on the evidence of licensing, andbecause we agree with the ultimate conclusion of obviousness,we affirm the Board’s finding that claims 37, 94–97,99–100, and 110–111 of the ’915 patent; claim 32 of the’381 patent; and claim 15 of the ’778 patent are invalidunder 35 U.S.C. § 103. Judge Newman re-iterated her assertions made inthe companion Merck case:For the reasons I discussed in Gnosis I, these referencesdo not fill the gap between the folate compoundsdescribed by Marazza and the uses described by Serfontein,such that a person of ordinary skill in this fieldwould have been motivated to combine these references totreat elevated homocysteine with a reasonable expectationof success. Ueland provides a description of folateand homocysteine biochemistry, and shows the biochemicalrelationship between homocysteine and…