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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