Intellectual property news affecting business and everyday life
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.
I'm a patent lawyer located in central New Jersey. I have a J.D. from the University of Chicago and a Ph.D. from Stanford University, where I studied graphite intercalation compounds at the Center for Materials Research. I worked at Exxon Corporate Research in areas ranging from engine deposits through coal and petroleum to fullerenes. An article that I wrote in The Trademark Reporter, 1994, 84, 379-407 on color trademarks was cited by Supreme Court in Qualitex v. Jacobson, 514 US 159 (1995) and the methodology was adopted
in the Capri case in N.D. Ill. An article that I wrote on DNA profiling was cited by the Colorado Supreme Court (Shreck case) and a Florida appellate court (Brim case). I was interviewed by NHK-TV about the Jan-Hendrik Schon affair. I am developing ipABC, an entity that combines rigorous IP analytics with study of business models, to optimize utilization of intellectual property. I can be reached at C8AsF5 at yahoo.com.