Tag Archives: court of appeals

O’Malley Nomination To Fed. Cir. Moves Forward

On September 23rd, the Senate Judiciary Committee approved the nomination of Judge Kathleen O’Malley (N.D. Ohio) to fill a vacancy on the Federal Circuit. Judge O’Malley has handled significant IP litigation and is married to veteran Covington patent litigator George Pappas. Like … Continue reading

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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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From a prosecutor’s standpoint, the ‘231 patent (link at bottom of this post) has “dream claims” to a new class of stem cells. Claim 1 reads: An isolated adipose-derived stem cell that can differentiate into two or more of the … Continue reading

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

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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