Horny Goat Weed Deflates Pfizer's Viagra Patent

Law360 (February 16, 2010, 7:17 PM EST) -- A panel of judges at the U.S. Patent and Trademark Office has affirmed the rejection of one claim of Pfizer Inc.'s Viagra patent, saying it was anticipated by oral administration of the Chinese herb yin yang huo, otherwise known as horny goat weed.

Administrative Patent Judges Edward C. Kimlin, Carol A. Spiegel and Romulo H. Delmendo, who sit on the USPTO's Board of Patent Appeals and Interferences, ruled Friday that claim 24 of the patent was unpatentable under the judicially created doctrine of obviousness-type double-patenting.

However, the judges found that claims one to 23 of the patent and claims 25 and...

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