July 2009
In re Kubin: Federal Circuit Ignores Principles of Structural Obviousness in Applying ‘Obvious to Try’ TestBy Warren D. Woessner and Tania A. Shapiro-Barr
In re Kubin, 2009 WL 877646 (Fed. Cir. April 3, 2009), now appears to be the first case in which a defined biochemical structure was found to be obvious despite the fact that the structure was previously unknown and unpredictable.
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