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In re Tzipori (Fed. Cir. 2008)

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

By Donald Zuhn --Last week, the Federal Circuit affirmed a determination by the Board of Patent Appeals and Interferences that the claims of U.S. Application No. 10/041,958 would have been obvious in view of five prior art references.The '958 application, filed by Appellants Saul Tzipori, Ramaswamy Balakrishnan, and Arthur Donohue-Rolfe (Tzipori), relates to antibodies that bind Shiga-like toxin II (SLT-II), which is secreted by some strains of Escherichia coli in the intestinal tracts of mammals. SLT-II-producing E. coli in the intestines of humans and pigs can create holes in the intestinal wall through which SLT-II can pass, causing a sometimes...

Full post as published by Patent Docs on October 21, 2008 (boomark / email).