United States Federal Circuit

Rejection of plaintiff's plant patent application is reversed where the record is silent on the extent to which the foreign sales were known to the public and the degree to which availability of the plants, through foreign sales, enabled the preparation of the claimed plants was not properly addressed.

Appellate Information

• Decided 08/16/2004
• Published 08/16/2004

Judges

Court

• United States Federal Circuit

Counsel