Touch Screen Patent Appeal Dismissed at Federal Circuit: *In re Don Forest*
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📋 Case Summary
| Case Name | *In re Don Forest* |
| Case Number | 23-1178 (Fed. Cir.) |
| Court | Federal Circuit, Appeal from USPTO |
| Duration | Nov 2022 – Apr 2025 863 days (~2 years, 4 months) |
| Outcome | Appeal Dismissed – USPTO Decision Stands |
| Patent at Issue | |
| Technology at Issue | Apparatus for Selecting from a Touch Screen |
Case Overview
The Parties
⚖️ Petitioner/Appellant
Named inventor and pro se appellant, seeking patent protection for a touch screen selection apparatus. Represented himself throughout appellate proceedings.
🛡️ Respondent/Appellee
Representing the United States Patent and Trademark Office, defending its patentability determination against the application.
The Patent Application at Issue
This case involved U.S. Patent Application No. 15/391,116, published as US20170108938A1, covering apparatus-based claims directed to touch screen selection mechanisms. The core dispute was the USPTO’s rejection of these claims.
- • Application No. US15/391,116 — Published as US20170108938A1
- • **Technology:** Apparatus for Selecting from a Touch Screen
- • **Classification:** Human-computer interaction; touch interface hardware/software
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The Verdict & Legal Analysis
Outcome
The Federal Circuit **dismissed the appeal** in Case No. 23-1178, leaving the USPTO’s underlying patentability rejection of Application No. 15/391,116 intact. The dismissal was on procedural or threshold grounds, not a full merits analysis.
Verdict Cause Analysis
The verdict cause is **Patentability**, categorized as an **Invalidity/Cancellation Action**. Federal Circuit dismissals in pro se patent appeals often stem from:
- • Failure to comply with Federal Circuit Rules (e.g., brief formatting, deadlines)
- • Lack of standing or jurisdiction
- • Failure to present cognizable legal arguments
The pro se posture of the appellant is a statistically relevant factor, as navigating appellate practice without experienced IP counsel is highly challenging.
Legal Significance
While not a substantive precedent on touch screen technology, this dismissal reinforces important procedural principles:
- • Federal Circuit appellate standards are rigorous; procedural defects can be fatal.
- • PTAB decisions carry significant deference; reversing rejections is a high bar.
- • Pro se representation in specialized courts carries substantial risk.
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⚠️ Patentability Analysis & Prosecution Strategy
This case highlights critical challenges in patenting touch interface technology. Choose your next step:
📋 Understand This Case’s Impact
Learn about the specific risks and implications from this litigation.
- View related patent applications in this technology space
- See which companies are most active in touch interface patents
- Understand claim construction patterns
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High Prior Art Density
In touch interface technology
Over 500K Patents
In human-computer interaction (G06F 3/04)
Claim Amendment Options
Often available to navigate prior art
✅ Key Takeaways
For Patent Attorneys & Litigators
Federal Circuit dismissals in pro se USPTO appeals frequently reflect procedural non-compliance, not merits determinations.
Search related procedural rulings →PTAB patentability rejections receive strong appellate deference; reversals require demonstrating specific legal error.
Explore PTAB appeal statistics →For IP Professionals & R&D Teams
Pro se appellate representation in Federal Circuit patent matters carries high dismissal risk — counsel engagement is a strategic necessity.
Find experienced patent counsel →Touch screen and selection apparatus inventions require early prior art clearance and robust claim drafting strategy.
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