United States Federal Circuit

In an interference proceeding involving claims of a patent and a patent application on genetically modified corn, judgment in favor of the applicant and cancellation of the claims of the patent holder is affirmed, where: 1) the applicant's claims in a pre-critical date application provided a sufficient basis to overcome the time bar of section 135(b)(1) of the Patent Act; and 2) the Board of Patent Appeals and Interferences did not err in denying the patent holder's interference priority claim after finding that its patent could not benefit from the filing date of an earlier patent application.

Appellate Information

• Decided 02/28/2012
• Published 02/28/2012

Judges

• Clevenger

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Joseph Lucci, Robret E. Hanson