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Paul Hastings LLP

New Decision Addresses Whether Transcription Error in Prior Art Supports Obviousness

Paul Hastings LLP on

More than 50 years ago, the Court of Customs and Patent Appeals (CCPA) in In re Yale, 434 F.2d 666 (C.C.P.A. 1970), held that where a prior art reference includes an obvious error of a typographical or similar nature that...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Global Patent Prosecution - June 2020: Considerations When Appealing a Patent Application at the EPO

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

This article discusses aspects of ex parte appeals of patent applications before the European Patent Office (EPO). A patent applicant may appeal an examiner’s decision on refusing to grant a patent application to the EPO...more

McDonnell Boehnen Hulbert & Berghoff LLP

In re Stepan Co. (Fed. Cir. 2017)

McDonnell Boehnen Hulbert & Berghoff LLP on

The Patent Trial and Appeal Board (PTAB) gets most of its attention (judicial and otherwise) regarding its decisions in inter partes review and covered business method proceedings. But the Board also has responsibility for...more

McDermott Will & Emery

Inherent Disclosure Supplies Adequate Written Description for Priority Claim

McDermott Will & Emery on

Addressing the doctrine of inherent disclosure, the US Court of Appeals for the Federal Circuit held that a protein can satisfy the written description requirement when the priority application discloses only a partial amino...more

Knobbe Martens

Federal Circuit Relies on Robust Disclosure to Save Priority Date

Knobbe Martens on

On September 20, 2016, the U.S. Court of Appeals for the Federal Circuit issued an opinion affirming the summary judgement that Abbott’s U.S. Patent No. 5,344,915 (“the ’915 Patent”) was sufficiently supported by the written...more

Foley & Lardner LLP

Inherent Disclosure Satisfied Written Description

Foley & Lardner LLP on

In Yeda Research and Development Co., Ltd. v. Abbott GMBH & Co. KG, Slip Op. 2015-1662 (Fed. Cir. 2016), the Federal Circuit held that a claim to an isolated protein described by its partial amino acid sequence satisfies 35...more

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