Geneva Pharmaceuticals v. GlaxoSmithKline PLC

Case Number: CLB0017

Date: 11.21.2003

Citation: 68 U.S.P.Q.2d 1865 (Fed. Cir. 2003)

Section 121 shields later filed applications stemming from a parent against rejections for double patenting only if the file reflects that the later filed application was necessitated by a restriction requirement by the examiner.

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