United States Federal Circuit

Where a claim is written using the disjunctive "or," and one of the options is anticipated by prior art, the entire claim is invalid for lack of novelty.

Appellate Information

• Decided 09/18/2001
• Published 09/18/2001

Judges

• PAULINE NEWMAN, Circuit Judge., Before MAYER, Chief Judge, NEWMAN and CLEVENGER, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Maria Crimi Speth,Grant, Williams & Dangerfield, P.C., of Phoenix, AZ, argued for plaintiff-appellant.


• For Appellees:
  
• James J. Elacqua, Brobeck, Phleger & Harrison, LLP, of Palo Alto, CA, argued for defendant-appellee, 3M. With him on the brief were Craig Y. Allison, and Michelle S. Falkoff.  Edward R. Glady, Jr., and J. Marty Harper, Goodman Raup PC, of Phoenix, AZ, joined in the brief.