United States Federal Circuit

Where only party to an interference proceeding has appealed the designation of unpatentable, the Board of Patent Appeals and Interferences cannot declare an interference upon remand after the Circuit Court determines that proper claim construction demonstrates an invention patentable.

Appellate Information

• Decided 07/24/2001
• Published 07/24/2001

Judges

• RADER, Circuit Judge., Before MICHEL, LOURIE, and RADER, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Boris Haskell,Paris and Haskell, of Arlington, VA, argued for appellants.


• For Appellees:
  
• William LaMarca, AssociateSolicitor, Office of the Solicitor, U.S. Patent and Trademark Office, of Arlington, VA, argued for appellee.   With him on the brief were John M. Whealan, Solicitor;  Stephen Walsh, and Linda Moncys Isacson, Associate Solicitors.