United States Federal Circuit

In a patent dispute concerning an apparatus for sterilizing three-dimensional objects, the grant of defendant's motion for judgment is vacated where the Board of Patent Appeals failed to apply the appropriate standard in determining whether plaintiff's application included sufficient written description.

Appellate Information

• Decided 10/07/2004
• Published 10/07/2004

Judges

• LINN, Circuit Judge., Before BRYSON, Circuit Judge, PLAGER, Senior Circuit Judge, and LINN, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Keith V. Rockey, Wallenstein, Wagner & Rockey, Ltd., of Chicago, IL, argued for appellants.   With him on the brief were Daniel N. Christus and Robert W. Diehl.   Of counsel on the brief were Mark J. Buonaiuto, Assistant General Counsel;  and Francis C.M. Kowalik, Corporate Counsel, Law Department, Baxter International Inc., of Deerfield, IL.


• For Appellees:
  
• Douglas E. Olson, Paul Hastings Janofsky & Walker, LLP, of San Diego, CA, argued for appellees.   With him on the brief were Howard S. Wisnia, John E. Peterson, and Elizabeth L. Brann.