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.
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.