United States Federal Circuit

In an appeal of the rejection of one claim of applicant's proposed patent for a method of treating certain cancers with human monoclonal antibodies, the rejection is affirmed where substantial evidence supported a finding that the claim lacked an adequate written description of the relevant genus of antibodies.

Appellate Information

• Decided 10/30/2008
• Published 10/30/2008

Judges

• STEARNS, District Judge., Before MICHEL, Chief Judge, MAYER, Circuit Judge, and STEARNS, District Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Jennifer A. Johnson, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, argued for appellant.   With her on the brief was Susan H. Griffen., Janet A. Gongola, Associate Solicitor, Office of the 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 was Thomas W. Krause, Associate Solicitor.   Of counsel was Sydney O. Johnson, Jr., Acting Solicitor.