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In re Kubin: The Obviousness of DNA

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

By Kevin E. Noonan --The Federal Circuit heard oral argument for In re Kubin last week, and a very hot bench (Judge Rader presiding, joined by Judges Linn and Friedman) sharply challenged the positions of both Kubin and the Patent Office. While it is foolish to attempt to read the tea leaves of judicial intention when listening to oral argument, the questions from the bench point out once again that obviousness remains a legal issue intimately dependent on the underlying facts (and misapprehension of those facts).Judge Rader immediately raised the "obvious to try" issue with Barbara Rudolph, representing Kubin. After...

Full post as published by Patent Docs on January 15, 2009 (boomark / email).