Last Month at the Federal Circuit - September 2011


In this issue:

PTO May Consider § 112 Issues During Reexamination When Determining Entitlement to a Priority Claim; A Claim Error Obvious and Correctable from the Perspective of a Person of Ordinary Skill in the Art Held Not Invalid; Assignment of “Inventions and Discoveries” Disclosed in an Application Also Assigned Unrelated Application Covered by the Disclosure; Methods That Could Be Entirely Executed Mentally Found Unpatentable Under 35 U.S.C. § 101; § 102(b) On-Sale Bar Does Not Require an Invention to Be Ready for Patenting When Offered for Sale; Expiration of Patent Does Not Divest a Court of Jurisdiction in a § 291 Interference Proceeding; United States Waived Sovereign Immunity with Respect to DJ Patent Suits; Functional and Pharmaceutical Properties of a Lead Compound Can Be More Relevant Than Chemical Structure When Judging the Obviousness of a Patented Formulation Designed to Mimic an FDA-Approved Formulation; Speculative and Tentative Disclosures in the Prior Art May Not Sufficiently Direct or Instruct a Skilled Artisan; Means-Plus-Function Claim Lacking Corresponding Structure Rejected as Indefinite; No Reissue Recapture Where Reissue Claims Not Deemed Broader and Applicant Is Own Lexicographer; and Majority Holds § 101 Does Not Exclude Claims Directed to a Specific, Tangible Application; Judge Moore Finds Majority’s Analysis Incomplete.

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