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In re Alonso (Fed. Cir. 2008)

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

By Kevin E. Noonan --In the excitement of the Federal Circuit's en banc decision in In re Bielski, handed down last Thursday, it could be understandable that another opinion from the Federal Circuit reviewing a Patent Office determination of unpatentability, In re Alonso, might go unnoticed. Unfortunately, this decision continues the Federal Circuit's practice of expanding the scope of the written description requirement of 35 U.S.C. § 112, first paragraph, as it is applied to biotechnology inventions, and appears to be in direct conflict with the Court's earlier decision in Noelle v. Lederman.The invention relates to U.S. Patent Application No....

Full post as published by Patent Docs on November 04, 2008 (boomark / email).