United States Federal Circuit

A decision rejecting certain claims of a patent application, relating to an antivenom composition used to treat rattlesnake bites, under 35 U.S.C. section 103 as having been obvious over two prior art references is vacated where PTO Board of Patent Appeals and Interferences failed to give any weight to the rebuttal evidence of record.

Appellate Information

• Decided 08/29/2007
• Published 08/29/2007

Judges

• LOURIE, Circuit Judge., Before NEWMAN, LOURIE, and GAJARSA, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Lawrence M. Green, Wolf, Greenfield & Sacks, P.C., of Boston, MA, argued for appellants.   With him on the brief were Michael T. Siekman and Charles T. Steenburg., Janet A. Gongola, Associate Solicitor, United States Patent and Trademark Office, of Arlington, VA, argued for the Director of the United States Patent and Trademark Office.   With her on the brief was Stephen Walsh, Acting Solicitor.