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Ex Parte Kubin: Board of Patent Appeals and Interferences Applies 'Obvious to Try' in Post-KSR Biotechnology Appeal

For the past 15 years, the PTO has been issuing patents based on its interpretation of Federal Circuit precedent that a previously unknown DNA sequence that encodes a known polypeptide is non-obvious. This precedent, established by the Court of Appeals for the Federal Circuit in <i>In re Bell</i>, and later reaffirmed in <i>In re Deuel</i>, is now being challenged by the Patent Office Board of Patent Appeals and Interferences.

16 minute read December 22, 2008 at 09:52 AM
By
Warren D. Woessner and Tania A. Shapiro-Barr
Ex Parte Kubin: Board of Patent Appeals and Interferences Applies 'Obvious to Try' in Post-KSR Biotechnology Appeal

For the past 15 years, the PTO has been issuing patents based on its interpretation of Federal Circuit precedent that a previously unknown DNA sequence that encodes a known polypeptide is non-obvious.

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