• Patent Owner’s Parent Application Disclosing Osteoporosis Treatment Methods Did Not Enable the Challenged CIP Claims
  • August 5, 2016 | Author: Robert H. Resis
  • Law Firm: Banner & Witcoff, Ltd. - Chicago Office
  • The Patent Trial and Appeal Board recently held that a patent owner’s patent claims were unpatentable under 35 U.S.C. § 102(a) over an anticipatory reference because a parent application did not enable the claims and thus did not provide a priority date that predated the reference. The PTAB also held that the patent owner failed to establish conception prior to the critical date of the reference.