The Full Federal Circuit to Consider the Validity of USPTO’s “New Rules,” including Rules Placing Limits on Claims and Continuations


On July 6, 2009, the Federal Circuit agreed to reconsider the appeal of the USPTO’s “new rules” en banc. In doing so, the Federal Circuit vacated its March 2009 decision by a threejudge panel in Tafas v. Doll. This means that all judges of the Federal Circuit will soon consider and rule on the appeal from the district court decision that blocked the implementation of these “new rules.”

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