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The Non-obviousness of DNA

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

By Kevin E. Noonan -- The recent discussion of the Federal Circuit's decision in the In re Kubin case suggests there may be some misunderstanding of the science behind the legal question of obviousness. Because obviousness is a question of law based heavily on underlying issues of fact, it is important for commentators as well as judges to have some understanding of the underlying science. The Federal Circuit's decision in the Kubin case illustrates the possible consequences of misunderstanding, or of Judge Rich's recitation of the "rudiments" of biotechnology from In re O'Farrell as somehow conferring on appellate judges the...

Full post as published by Patent Docs on April 14, 2009 (boomark / email).