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United States Federal Circuit

In re Abbott Diabetes Care, Inc., 2011-1516

In an appeal from ex parte reexamination proceedings in which the Board of Patent Appeals and Interferences rejected Abbott's patent claims that describe methods and devices for monitoring glucose levels for diabetics as being indefinite, anticipated, or obvious, the decision was vacated in part as to the patentability of Abbott’s independent claims at issue and remanded for the Board to apply the correct claim construction, where: 1) the Board's rejections were based on unreasonable claim constructions; and 2) because the U.S. Patent and Trademark Office (PTO) concedes that the examiner's official notice rejections should be withdrawn.

Appellate Information

  • Decided 09/28/2012
  • Published 09/28/2012




  • United States Federal Circuit


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