United States Federal Circuit

In the context of a patent dispute involving vaccination, for purposes of the law of written description: 1) examples are not necessary to support the adequacy of a written description; 2) the written description standard may be met even where actual reduction to practice of an invention is absent; and 3) there is no per se rule that an adequate written description of an invention that involves a biological macromolecule must contain a recitation of known structure.

Appellate Information

• Decided 05/26/2006
• Published 05/26/2006

Judges

• GAJARSA, Circuit Judge., Before GAJARSA, Circuit Judge, ARCHER, Senior Circuit Judge and DYK, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• John P. Isacson, Heller Ehrman LLP, of Washington, DC, argued for appellants.   With him on the brief was Paul M. Booth.


• For Appellees:
  
• Robert G. McMorrow, Jr., Connolly Bove Lodge & Hutz LLP, of Wilmington, Delaware, argued for appellee.