Category Archives: Obviousness

Federal Circuit Mows Down Bean Patent – Reading Between the Rows

Posted on July 15, 2009 by Warren Woessner

On July 10, 2009, the Court of Appeals for the Federal Circuit in In re Pod-Ners, Appeal No. 2008-1492, affirmed the Board’s rejection of all of the claims of U.S. Pat. No. 5,894,079. The Board had rejected as obvious claims … Continue reading →

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Kubin Analysis Continued

Posted on April 8, 2009 by Warren Woessner

My last post began a rather selective analysis of In re Kubin, which the Federal Circuit decided on April 3, 2009 (see previous post for citations to this and related decisions). Kubin’s claims to DNA molecules encoding sequences including that … Continue reading →

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Federal Circuit upholds Board In re Kubin – Resurrects O’Farrell Test of “Obvious to Try”

Posted on April 6, 2009 by Warren Woessner

On April 3, 2009, a three judge panel of the Court of Appeals for the Federal Circuit unanimously affirmed the decision that the Board of Patent Appeals had reached in Ex Parte Kubin. The Board’s decision is discussed in the … Continue reading →

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Federal Circuit Split Decision

Posted on March 24, 2009 by Warren Woessner

Federal Circuit Split Decision on ‘Public Accessibility’ of Internet Posting, Patent Strategy & Management, April, 2008 Federal Circuit Split Decision

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