Results for unexpected results

Ex Parte Jellá

Case Number: CLB0220

Date: 11.03.2008

The Board of Patent Appeals and Interferences holds that, in order to rely on secondary considerations in support of the non-obviousness of a claim, there must be a clear nexus between the evidence presented and the invention as claimed.

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Ortho-McNeil Pharmaceutical, Inc. v. Mylan Laboratories, Inc.

Case Number: CLB0175

Date: 03.31.2008

Based on intrinsic evidence, the Federal Circuit affirms a district court claim construction decision in which the conjunction “and” is used to express mutually exclusive alternatives. Additionally, in view of evidence of unpredictability among alternative formulations, unexpected results, and objective indicia of nonobviousness, the Federal Circuit affirms the lower court finding of nonobviousness of a claimed compound.

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