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PTAB.US: Decisions of PTAB Patent Trial and Appeal Board Updated Daily.

Thursday, May 6, 2010

Thursday May 6, 2010

REVERSED

2100 Computer Architecture and Software
Ex Parte Marcjan et al 10/403,063 COURTENAY 103(a) LEE & HAYES, PLLC EXAMINER LE, MICHAEL

AFFIRMED-IN-PART

1600 Biotechnology and Organic Chemistry
Ex Parte Lee 10/928,806 SCHEINER 112(1)/112(2)/103(a) FISH & RICHARDSON, PC EXAMINER WHITEMAN, BRIAN A

"In order to satisfy the written description requirement, the disclosure as originally filed does not have to provide in haec verba support for the claimed subject matter at issue." Purdue Pharma L.P. v. Faulding Inc., 230 F.3d 1320, 1323 (Fed. Cir. 2000). However, the disclosure must convey with reasonable clarity to those skilled in the art that the inventor was in possession of the invention. See id.

Purdue Pharma L.P. v. Faulding, Inc., 230 F.3d 1320, 56 USPQ2d 1481 (Fed. Cir. 2000) . . . . . . . . . . . . . . . .2163, 2163.05

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