Rejection Of McNeil Tampon Patent Overturned

Law360, New York (July 31, 2009, 4:42 PM EDT) -- McNeil-PPC Inc. has won the reversal of a U.S. Patent and Trademark Office decision that a patent for a solid-core tampon was invalid due to obviousness and prior art.

In a U.S. Court of Appeals for the Federal Circuit ruling passed down Friday, the three-judge panel argued that the USPTO’s Board of Patent Appeals and Interferences wrongly rejected claims of the McNeil patent due to disclosures of a prior art patent application.

The patent-at-issue, U.S. Patent Number 6,310,269, describes a design for a tampon that is...
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