United States Federal Circuit

In a patent application dispute involving tampon design, Board of Patent Appeals and Interferences judgment is reversed where: 1) plaintiff's appeal is timely; 2) the Board's rejection of claim 1 of the patent as anticipated, because another unexamined application discloses a tampon with the characteristics claimed by plaintiff, lacks substantial evidentiary support.

Appellate Information

• Decided 07/31/2009
• Published 07/31/2009

Judges

Court

• United States Federal Circuit

Counsel