United States Federal Circuit

The decision of the Board of Patent Appeals and Interferences awarding priority of invention to Pfizer based on an interference count involving a DNA polynucleotide is affirmed, where: 1) the Board correctly based conception and reduction to practice on the possession of the isolated DNA segment that was shown to have the desired properties; 2) the Board's findings are supported by substantial evidence; and 3) the Board correctly held that Pfizer had conceived and reduced to practice the isolated polynucleotide of Count 3 before the Sanofi benefit date.

Appellate Information

• Decided 11/05/2013
• Published 11/05/2013

Judges

• NEWMAN

Court

• United States Federal Circuit

Counsel