Fed. Circ. Upholds Rejection Of Cancer Patent Claim

Law360, New York (October 31, 2008, 12:00 AM EDT) -- A patent application describing a method for treating a rare form of cancer was appropriately rejected for lacking adequate written description because the patent's specification described only a single antibody, while the contested patent claim involved a much larger grouping of antibodies, the U.S. Court of Appeals for the Federal Circuit has ruled.

A three-judge panel of the appeals court on Thursday rejected the inventor's bid to overturn a ruling by the U.S. Patent and Trademark Office's Board of Patent Appeals and Interferences, which had affirmed...
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