United States Federal Circuit

In two related patent interference priority contests, related to human fibroblasts interferon used in combating pathogens and tumors, the Board of Patent Appeals and Interferences' decision that appellee is entitled to the benefit of the filing date of its initial Japanese application in awarding appellee priority as to the counts of both interferences is reversed and remanded as the Board's decision that the Japanese Application constitutes constructive reduction to practice of the subject matter of these interferences is not in accordance with law, for the Japanese Application does not meet the criteria of section 112, first paragraph, as to this subject matter.

Appellate Information

• Decided 09/07/2010
• Published 09/07/2010

Judges

• NEWMAN

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Thomas E. Friebel, Noah A. Levine