37 CFR 41.203 - Declaration
| Cite as | 37 CFR 41.203 |
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46 practice notes
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Cytologic Inc v. Gmbh, Civil Action No. 08-978(CKK)
...party would, if prior art, have anticipated or rendered obvious the subject matter of a claim of the opposing party and vice versa." 37 C.F.R. § 41.203. Either the patent applicant or the patent examiner may suggest an interference. See id. § 41.202. If the Director of the PTO agrees that a......
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Yeda Research & Dev. Co. v. Abbott GmbH & Co., Civil Action No. 10–1836 RMC
...and Mfg. Co. v. Norton Co., 929 F.2d 670, 674 (Fed.Cir.1991). As is the case here, a patent applicant may suggest an interference. See 37 C.F.R. § 41.203. If the Director of the United States Patent and Trademark Office (USPTO) decides that an interference is warranted, i.e., that “an appli......
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Abbott GmbH & Co. v. Centocor Ortho Biotech, Inc., Civil Action No. 09–11340–FDS.
...is adjudged the prior inventor ....35 U.S.C. § 135(a).2 At the beginning of an interference, the BPAI defines one or more “counts.” 37 C.F.R. § 41.203(b). A count is “the Board's description of the interfering subject matter that sets the scope of admissible proofs on priority.” 37 C.F.R. §......
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Genetics Inst. Llc v. Vaccines, No. 2010–1264.
...party would, if prior art, have anticipated or rendered obvious the subject matter of a claim of the opposing party and vice versa.” 37 C.F.R. § 41.203(a). In other words, for two claims to interfere, each claim must anticipate or render obvious the other; failure of either claim to anticip......
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37 cases
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Cytologic Inc v. Gmbh, Civil Action No. 08-978(CKK)
...party would, if prior art, have anticipated or rendered obvious the subject matter of a claim of the opposing party and vice versa." 37 C.F.R. § 41.203. Either the patent applicant or the patent examiner may suggest an interference. See id. § 41.202. If the Director of the PTO agrees that a......
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Yeda Research & Dev. Co. v. Abbott GmbH & Co., Civil Action No. 10–1836 RMC
...and Mfg. Co. v. Norton Co., 929 F.2d 670, 674 (Fed.Cir.1991). As is the case here, a patent applicant may suggest an interference. See 37 C.F.R. § 41.203. If the Director of the United States Patent and Trademark Office (USPTO) decides that an interference is warranted, i.e., that “an appli......
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Abbott GmbH & Co. v. Centocor Ortho Biotech, Inc., Civil Action No. 09–11340–FDS.
...is adjudged the prior inventor ....35 U.S.C. § 135(a).2 At the beginning of an interference, the BPAI defines one or more “counts.” 37 C.F.R. § 41.203(b). A count is “the Board's description of the interfering subject matter that sets the scope of admissible proofs on priority.” 37 C.F.R. §......
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Genetics Inst. Llc v. Vaccines, No. 2010–1264.
...party would, if prior art, have anticipated or rendered obvious the subject matter of a claim of the opposing party and vice versa.” 37 C.F.R. § 41.203(a). In other words, for two claims to interfere, each claim must anticipate or render obvious the other; failure of either claim to anticip......
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7 firm's commentaries
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PTAB Denies Sigma-Aldrich’s Petition for Patent Interference on CRISPR-Cas9
...for PTAB to evaluate the suggestion of an interference. The petition did not comply with the requirements of 37 C.F.R. §§ 41.202(a) and 41.203(d) for suggestions regarding an interference or the addition of an application to an existing interference. For example, to suggest an interference,......
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What to do with an Interfering Patent in Patent Reexamination?
...U.S. Patent No. 5,998,474 (“Cavazza”) because the ‘912 patent and Cavazza were claiming the same patentable invention. Applying, 37 C.F.R. 41.203(a), the Board reasoned that the two patents were directed to “the same patentable invention” since a claim of the Regents patent is obvious in vi......
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Update On CRISPR Patent Battle
...would be expected to dissolve the interference. Broad argues that the conditions for an interference-in-fact under the two-way test of 37 C.F.R. §41.203(a) are not satisfied because UC's claims do not anticipate or render obvious its claims to CRISPR in eukaryotic cells. According to Broad,......
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PTAB Ruling on CRISPR: No Interference
...however, the Broad Institute filed a motion arguing that there was no interference to resolve. Under the applicable regulations ( 37 C.F.R. § 41.203(a)), an interference (a.k.a. “interference-in-fact”) exists if “the subject matter of a claim of one party would, if prior art, have anticipat......
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2 books & journal articles
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The Patent Trial and Appeal Board: A Runaway Tribunal that Undermines the Law of Validity
...salaries are often lower than starting salaries for patent attorneys at many of the top patent law irms. 10. 35 U.S.C. § 135(a). 11. 37 C.F.R. § 41.203. 12. 35 U.S.C. § 311. 13. Former 35 U.S.C. chapter 31 (Optional Inter Partes Reexamination Procedures) continues to apply to requests for i......
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PTAB: Past, Present, and Future
...salaries are often lower than starting salaries for patent attorneys at many of the top patent law irms. 10. 35 U.S.C. § 135(a). 11. 37 C.F.R. § 41.203. 12. 35 U.S.C. § 311. 13. Former 35 U.S.C. chapter 31 (Optional Inter Partes Reexamination Procedures) continues to apply to requests for i......