United States Federal Circuit

Because the USPTO Board of Patent Appeals and Interferences properly construed count as including preamble and "wherein" clauses, and thus required plaintiff to show appreciation of a correlation between the point mutation and APC resistance in an invention directed to diagnosing thrombosis, it did not err in concluding that plaintiff failed to show that it reduced invention to practice before defendant's priority date.

Appellate Information

• Decided 04/02/2002
• Published 04/02/2002

Judges

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

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Talivaldis Cepuritis,Olson & Hierl, Ltd., of Chicago, Illinois, argued for appellants.   With him on the brief was Steven D. Weseman.


• For Appellees:
  
• Ronald J. Kubovcik, Kubovcik & Kubovcik, of Washington, DC, argued for appellees.