Wednesday, January 29, 2014

Can an intermediate product anticipate?

95/000,609 concerning US 7,326,210

See In re Robertson, 169 F.3d 743, 745 (Fed. Cir. 1999) ("Inherency, however, may not be established by probabilities or possibilities. The mere fact that a certain thing may result from a given set of circumstances is not sufficient." (quoting Continental Can Co. v. Monsanto Co., 948 F.2d 1264, 1268 (Fed.Cir.1991))).

The Requester argues that an intermediate product can anticipate a claimed device "even if the intermediate product is merely a stage in the final product of a non- anticipatory product." (App. Br. 22, citing In re Mullin, 481 F.2d 1333, 1335-36 (CCPA 1973).


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