United States Federal Circuit

Although the PTO has no authority to waive the statutory requirement that every patent application must have at least one claim when filed, the PTO has authority to modify a plainly incorrect instruction when such action would avert harm to the applicant.

Appellate Information

• Decided 09/20/2001
• Published 09/21/2001

Judges

• PAULINE NEWMAN, Circuit Judge., Before NEWMAN, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and LINN, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• E. Edward Bruce,Covington & Burling, of Washington, DC, argued for plaintiffs-appellants.   With him on the brief was Christopher N. Sipes.


• For Appellees:
  
• S. Leslie Misrock, Pennie & Edmonds LLP, of New York, NY, argued for defendant-cross appellant.   Of counsel on the brief were Stanton T. Lawrence III, Paul J. Zegger, and Carl P. Bretscher, Pennie & Edmonds LLP, of Washington, DC;  and Roy W. Hardin, Locke Liddell & Sapp LLP, of Dallas, TX. Of counsel was Wayne Fisher, Fisher, Boyd, Brown, Boudreaux & Huguenard, L.L.P., of Houston, TX.