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United States Federal Circuit


Capon v. Eshhar, 03-1480

In a patent interference proceeding concerning a chimeric gene, the Board of Patent Appeals erred when it dissolved the interference since it incorrectly applied the law of written description.

Appellate Information

  • Decided 08/12/2005
  • Published 08/12/2005

Judges

  • PAULINE NEWMAN, Circuit Judge., Before NEWMAN, MAYER, and GAJARSA, Circuit Judges.

Court

  • United States Federal Circuit

Counsel

  • For Appellant:
  • Steven B. Kelber, Piper Rudnick, LLP, of Washington, DC, argued for appellants., Roger L. Browdy, Browdy and Neimark, P.L.L.C., of Washington, DC, argued for cross-appellants., Mary L. Kelly, Associate Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Arlington, Virginia, argued for intervenor.   With her on the brief were John M. Whealan, Solicitor and Stephen Walsh, Associate Solicitor.

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