Last Month at the Federal Circuit - August 2010


In this Issue:

*Repeated Description of Mechanism in Specification Limits Scope of Claim Term, Despite Applicant’s Statements During Prosecution Suggesting a Broader Construction

*Filing Date of Provisional Application Can Have Patent-Defeating Effect

*Obviousness, a Question of Law and Fact, Is Reviewable on JMOL in Certain Cases

*Obviousness-Type Double Patenting Analysis for Patents Claiming a Compound Should Include an Examination of Any Utility Disclosed in the Specification of the Earlier-Issued Patent

*Federal Circuit Finds Listing Claim Elements Separately Clearly Implies Those Elements Are Distinct Components of the Patented Invention

Please see full Publication below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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