United States Federal Circuit

In a case regarding the reexamination of a patent for a method of quantitatively analyzing small amounts of biological fluids, a Board of Patent Appeals and Interferences decision affirming the examiner's rejection of certain claims is affirmed where: 1) a request for an ex parte reexamination of an issued patent upon a "substantial new question of patentability" was not barred by a prior court decision upholding the validity of a claim; and 2) substantial evidence supported the board's conclusion that there was a substantial new question of patentability in this case sufficient to warrant reexamination.

Appellate Information

• Decided 09/04/2008
• Published 09/04/2008

Judges

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

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Robert M. Asher, Bromberg & Sunstein LLP, of Boston, Massachusetts, argued for appellants., Mary L. Kelly, Associate Solicitor, United States Patent and Trademark Office, of Arlington, Virginia, argued for the Director of the United States Patent and Trademark Office.   With her on the brief were Stephen Walsh, Acting Solicitor, and Robert J. McManus, Associate Solicitor.