Mixed result in Suzuki/Asahi Glass case
Ex parte Suzuki
Claims which read on patentable, as well as unpatentable, subject matter are unpatentable. In re Freeman, 474 F.2d 1318, 1323 (CCPA 1973 ); In re Landgraf, 436 F.2d 1046, 1049-1050 (CCPA 1971); In re Muchmore, 433 F.2d 824, 826 (CCPA 1970).
As to "unexpected results," the Board noted that the specification did not characterize the results at issue as "unexpected." As to scope, the Board cited Genetics Institute v. Novartis, 655 F.3d 1291, 1308-9 ( CAFC 2011).
Claims which read on patentable, as well as unpatentable, subject matter are unpatentable. In re Freeman, 474 F.2d 1318, 1323 (CCPA 1973 ); In re Landgraf, 436 F.2d 1046, 1049-1050 (CCPA 1971); In re Muchmore, 433 F.2d 824, 826 (CCPA 1970).
As to "unexpected results," the Board noted that the specification did not characterize the results at issue as "unexpected." As to scope, the Board cited Genetics Institute v. Novartis, 655 F.3d 1291, 1308-9 ( CAFC 2011).
posted by Lawrence B. Ebert at 7:25 AM
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