Wednesday, December 27, 2006

CAFC uses an American Lawyer article as 102(b) art

Following the use of an article in "Poultry Science" as a prior art reference in Kemin, the CAFC utilized an article in The American Lawyer, as well as a UPI article, as 102(b) art in the case Engate v. Esquire Deposition.

Not much law is cited in this non-precedential opinion. There is a cite to SmithKline Beecham v. Apotex, 403 F.3d 1331. Guess that is the SECOND CAFC take on the Apotex matter.

Not cited is In re Klopfenstein, 380 F.3d 1345 (Fed. Cir. 2004), which is a case about prior art.


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