United States Federal Circuit

In a case involving one necessary condition, under 35 U.S.C. section 120, for treating a patent application, filed as a continuation of an earlier application as having the earlier application's filing date, not its own filing date, the District Court's holding, that the continuing application has to be filed at least one day before the earlier application is patented, is reversed where an application may be 'filed before the patenting' of the earlier application when both legal acts, filing and patenting, occur on the same day.

Appellate Information

• Published 2016/06/21

Judges

• TARANTO

Court

• United States Federal Circuit

Counsel