In 35 USC 146 Actions, Should District Courts Decide Issues That Were Not Reached by the Board?

Oct 2003Intellectual Property Today, Vol. 10, No. 10 at page 42,

The Trial Section of the BPAI frequently does not decide all of the issues that were fully developed by the parties and presented to it for decision. Instead, it appears to be its usual (but not invariable) practice to decide only enough issues to support a judgment and to then dismiss or not reach the remaining issues as moot in view of its decision as to the issues that it did reach.3 Moreover, since the APJs on the Trial Section are, after all, human, it seems to me that they often decide an easy dispositive issue, although other, more difficult issues would be equally dispositive.