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Briefs for In re Kubin filed by Amgen and BIO

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

By Kevin E. Noonan -- Amgen Inc., the real party in interest, and the Biotechnology Industry Organization filed briefs recently asking the Federal Circuit to overturn the decision by the U.S. Patent and Trademark Office Board of Patent Appeals and Interferences in Ex parte Kubin (see Patent Docs post). The Board upheld an examiner's rejection that the claims were unpatentable under 35 U.S.C. § 103 for being obvious and under 35 U.S.C. § 112, first paragraph, for failing to satisfy the written description requirement. The Board based its obviousness determination on its interpretation that the Supreme Court's KSR Int'l Co....

Full post as published by Patent Docs on June 13, 2008 (boomark / email).