United States Federal Circuit

Whether a patent claim is barred under 35 U.S.C. section 135(b) is a threshold issue, and the Board of Patent Appeals and Interferences properly refused to consider an unpatentability motion once it determined that movant's claim was barred under section 135(b).

Appellate Information

• Decided 05/29/2002
• Published 05/29/2002

Judges

• LOURIE, Circuit Judge., Before LOURIE, BRYSON, and GAJARSA, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• R. Danny Huntington,Burns, Doane, Swecker & Mathis, L.L.P., of Alexandria, VA, argued for appellants.   With him on the brief were Donna M. Meuth, and Bruce Wieder., John M. Whealan, Solicitor, Office of the Director, United States Patent and Trademark Office, of Arlington, VA, for amicus curiae The Director of the United States Patent and Trademark Office.   With him on the brief were Mark Nagumo, and Linda Moncys Isacson, Associate Solicitors.


• For Appellees:
  
• Steven J. Lee, Kenyon & Kenyon, of New York, NY, argued for appellee.   With him on the brief was Kenneth R. Corsello.