United States Federal Circuit

A patent examiner, by complying with the PTO's Manual of Patent Examining Procedure (MPEP) section 2163.04(I)(B) and the decision in In re Alton, 76 F.3d 1168, 1175 (Fed. Cir. 1996), sets forth a sufficient prima facie basis for a rejection due to lack of written description.

Appellate Information

• Decided 06/28/2007
• Published 06/28/2007

Judges

• MICHEL, Chief Judge., Before MICHEL, Chief Judge, ARCHER, Senior Circuit Judge, and DYK, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• J. Robert Chambers, Wood, Herron & Evans, L.L.P., of Cincinnati, Ohio, argued for plaintiff-appellee.   With him on the brief were Wilma A. Lewis and Michael I. Coe, Crowell & Moring LLP, of Washington, DC, and Gregory L. Roth, of La Palma, California.   Of counsel were Dennis R. Gallagher, Crowell & Moring LLP, of Irvine, California, and Richard G. Taranto, Farr & Taranto, of Washington, DC., John M. Whealan, Solicitor, United States Patent and Trademark Office, of Arlington, Virginia, argued for defendant-appellant.   With him on the brief were Thomas W. Krause and William G. Jenks, Associate Solicitors.