Friday, February 01, 2013

Board references canard in Ex parte Alba

In Ex parte Alba, the Board cited to Jones v. Hardy, 727 F.2d 1524, 1529 (CAFC 1984 ) , for the false proposition that "that which anticipates, necessarily renders obvious." Among other examples, claims involving enantiomers can be anticipated but not obvious. Fracalossi and Pearson are also cited.

Cruciferous Sprout, 301 F.3d 1343 (CAFC 2002) is cited on inherency.

This case warrants an appeal.


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