Tafas V. Doll — Round II: 1 Down, 3 To Go

Law360, New York (March 23, 2009, 12:00 AM EDT) -- On Friday, March 20, 2009, the U.S. Court of Appeals for the Federal Circuit (“the Federal Circuit”) weighed in on the controversial final patent rules regarding claims and continuation practice (“the Final Rules,” see Changes to Practice for Continued Examination Filings, Patent Applications Containing Patentably Indistinct Claims, and Examination of Claims in Patent Applications, 72 Fed. Reg. 46,716 (Aug. 21, 2007)), in Tafas v. Doll, No. 2008-1352 (Fed. Cir. Mar. 20, 2009) (“Tafas III”).

In Tafas III, the Federal Circuit, in a three-way split panel, affirmed...
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