Federal Circuit Patent Updates - November 2008

Federal Circuit Patent Updates - November 2008

Publications

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In Re Basell Poliolefine Italia S.P.A. (No. 07-1450) (Newman, Lourie, Linn)

November 13, 2008 3:56 PM

(Lourie) Affirming rejection based on obviousness-type double patenting for claims directed method of polymerization. Newman dissented.

A full version of the decision is available here.

In Re DBC (No. 08-1120) (Linn, Dyk, Stearns)

November 3, 2008 3:41 PM

(Linn) Affirming rejection of claims directed to a "nutraceutical composition" from the fruit of the mangosteen tree as obvious. The applicant waived any objection to the administrative patent judge based on the Appointments Clause. Evidence of commercial success was insufficient to rebut prima facia case of non-obviousness where applicant failed to demonstrate appropriate nexus.

A full version of the decision is available here.