Monthly Archives: March 2010

Do You Have Anything To Prove? Frye Fries A Half-Baked Standard

The recent precedential decision, Ex parte Frye, Appeal No. 2009-006013 (Bd. App. 2010) reversed the Examiner’s rejection of a claim to a shoe. More importantly, the Board emphasized that the Board on appeal “reviews the particular finding(s) contested by an appellant … Continue reading

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ARIAD v. LILLY – A Modest Proposal – Should Screening be Enough?

As the Fed. Cir. prepares to issue an en banc opinion on the existence and role of the written description requirement in section 112, it seems like a time for reflection. After taking the position that enablement should suffice for … Continue reading

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