United States Federal Circuit

Because appellant's original claims did not include a material limitation of a later claim added to the application, which copied prior art from another application, the later claim is not entitled to the earlier effective date of those original claims for purposes of satisfying 35 U.S.C. Section 135(b).

Appellate Information

• Decided 01/29/2002
• Published 01/29/2002

Judges

• LINN, Circuit Judge., Before NEWMAN, Circuit Judge, ARCHER, Senior Circuit Judge, and LINN, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Edward S. Irons, of Washington, DC, for appellant.


• For Appellees:
  
• John M. Whealan, Solicitor, Office of the Solicitor, Patent and Trademark Office, of Arlington, VA for appellee.   With him on the brief were Bruce J. Chasan, and Kristin L. Yohannan, Associate Solicitors.   Of counsel was William LaMarca, Attorney, Office of the Solicitor.