Mixed result in Ex parte Tarde liposome case
From within Ex parte Tarde concerning app. 10/294,474:
PPG Industries, 156 F.3d 1351, 1254 (CAFC 1998) is cited as to "consisting essentially of." So is In re Herz, 537 F.2d 549 (CCPA 1976 )
NetMoneyIn, 549 F.3d 1359 (CAFC 2008), is cited as to anticipation.
As to range overlap with the prior art, In re Geisler, 116 F.3d 1465 (CAFC 1993) and In re Woodruff, 919 F.2d 1575 are cited.
The Board noted that citing one species with unexpected results is inadequate proof, citing to In re Greenfield, 571 F.2d 1185, 1189 (CCPA 1978). In re Kao, 639 F.3d 1057, 1068 (CAFC 2011) is also cited.
PPG Industries, 156 F.3d 1351, 1254 (CAFC 1998) is cited as to "consisting essentially of." So is In re Herz, 537 F.2d 549 (CCPA 1976 )
NetMoneyIn, 549 F.3d 1359 (CAFC 2008), is cited as to anticipation.
As to range overlap with the prior art, In re Geisler, 116 F.3d 1465 (CAFC 1993) and In re Woodruff, 919 F.2d 1575 are cited.
The Board noted that citing one species with unexpected results is inadequate proof, citing to In re Greenfield, 571 F.2d 1185, 1189 (CCPA 1978). In re Kao, 639 F.3d 1057, 1068 (CAFC 2011) is also cited.
posted by Lawrence B. Ebert at 7:17 AM
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