Zenon Envtl. Inc. v. United States Filter Corp.
view Case Detail Download PDF
A later filed patent may not be entitled to priority from an earlier filed patent if there is not continuity of disclosure in any intervening patents between the earlier filed patent and the later filed patent. Such discontinuity may arise if an intervening patent fails to properly incorporate by reference an aspect of an earlier filed patent that is relied upon by a later filed patent which claims priority to the earlier filed patent.