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· 10/7/2004

Arnold C. Bilstad, Bradley H. Buchanan, Alan W. Martilla and Archie Woodworth v. George Wakalopulos and Eduardo R. Urgiles

Citations

  • 386 F.3d 1116
  • 72 U.S.P.Q. 2d (BNA) 1785
  • 2004 U.S. App. LEXIS 20922
  • 2004 WL 2248109

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • vacating with instructions to make findings regarding the level of ordinary skill in the art
  • “[UJnpredict-ability in the particular field may warrant closer scrutiny of whether disclosure of a species is sufficient to describe a genus.”
  • inquiry into whether skilled artisans “would not readily discern that other members of the genus would perform similarly to the disclosed members, i.e., if the art is un- predictable”
  • ex- plaining that Tronzo is an “exception[ ] to the general rule that disclosure of a species provides sufficient written de- scription support for a later filed claim directed to the ge- nus”
  • ex- plaining that Tronzo is an “exception[ ] to the general rule that disclosure of a species provides sufficient written de- scription support for a later filed claim directed to the ge- nus”

Source: CourtListener parenthetical corpus (CC0).

Judges: Bryson, Plager, Linn

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.