United States Federal Circuit
In re Fallaux, 08-1545
In a patent action, Board of Patent Appeals and Interferences judgment is affirmed where the Board properly held that plaintiff cannot rely on the two-way test to overcome the rejection of plaintiff's patent claims for obviousness-type double patenting as the PTO was not at fault for the delay that caused the improvement patent to issue prior to the basic patent.
Appellate Information
- Decided 05/06/2009
- Published 05/06/2009
Judges
Court
- United States Federal Circuit