United States Federal Circuit

In an appeal involving patent and patent application claiming inventions for measuring the concentration of oxygen in blood, a decision of the Board of Patent Appeals and Interferences against appellant is affirmed in part and reversed in part where: 1) a motion seeking invalidity of various claims of appellees' patent was properly denied as the asserted claims of appellees' application meet the written description requirement of section 112; but 2) the Board erred in finding that appellant failed to establish a prima facie case of actual reduction to practice.

Appellate Information

• Decided 04/07/2010
• Published 04/07/2010

Judges

• MICHEL, Chief Judge., Before MICHEL, Chief Judge, GAJARSA, Circuit Judge, and KENDALL, District Judge .

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Robert C. Morgan, Ropes & Gray LLP, of New York, NY, argued for appellant. With him on the brief was Marina Len.


• For Appellees:
  
• Joseph R. Re, Knobbe, Martens, Olson & Bear, LLP, of Irvine, CA, argued for appellees. With him on the brief were Brenton R. Babcock, Irfan A. Lateef and Jarom D. Kesler.