Archive for the ‘Anticipation’ Category

In re Montgomery – “Unbounded” Inherency

Thursday, May 10th, 2012

In re Montgomery, App no. 2011-1376 (Fed. Cir. May 8, 2012) (a copy is available at the end of this post), a divided panel affirmed the Board’s decision that a claim to a “new use for an old compound” was inherently anticipated by a reference disclosed in a proposed clinical trial that had not been carried out as of the effective filing date of the application. The claim in question was:

“A method for the treatment or prevention of stroke or its recurrence, wherein said method comprises administering, to a patient diagnosed as in need of such treatment or prevention, an inhibitor of the rennin-angiotensin system, said inhibitor having a Clog P greater than about 1.”