Federal Circuit Patent Updates - September 2011

Federal Circuit Patent Updates - September 2011


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HARARI V. LEE (Interference No. 105,645, 9/1/11) (Prost, Moore, O’Malley)

September 1, 2011 12:33 PM

Moore, J. Affirming Board decision in one interference that claims lack written description. Vacating and remanding Board’s judgment in another interference. “When the claim language and specification indicate that ‘a’ means one and only one, it is appropriate to construe it as such even in the context of an open-ended ‘comprising’ claim.” Also, the statement, “[t]he disclosures of the two applications are hereby incorporate[d] by reference,” was sufficient to incorporate the applications in their entirety.

A full version of the text is available here.