Wednesday, June 26, 2013

In re Vaeck is cited in Wyeth v. Abbott

Note that the Wyeth decision of the CAFC on June 26, 2013 cites to In re Vaeck, which deals with cyanobacteria:

Finally, in In re Vaeck, we
affirmed the PTO’s nonenablement rejection of claims
reciting heterologous gene expression in as many as 150
genera of cyanobacteria. 947 F.2d 488, 495–96 (Fed. Cir.
1991). The specification disclosed only nine genera,
despite cyanobacteria being a “diverse and relatively
poorly understood group of microorganisms,” with unpredictable
heterologous gene expression. Id. at 496.

Wyeth loses:

We have considered the remainder of Wyeth’s arguments
and do not find them to be persuasive. Because we
find no genuine dispute that the asserted claims are not
enabled, we affirm.


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