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· 5/26/2006

Falko-Gunter Falkner, Georg Holzer, and Friedrich Dorner v. Stephen C. Inglis, Michael E.G. Boursnell, and Anthony C. Minson

Citations

  • 448 F.3d 1357
  • 79 U.S.P.Q. 2d (BNA) 1001
  • 2006 U.S. App. LEXIS 13127

How courts have described this case

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

  • holding that information readily ac- cessible in journals need not be incorporated by reference in order to enable the patent claims at issue
  • stating that constructive reduction to practice of a single embodiment requires compliance with both the enablement and written description re- quirements 35 U.S.C. § 112, first paragraph
  • finding substantial evidence supported written description based on “several passages in the [paten-tee’s] application” and the unrebutted “testimony of [the patentee’s] expert,” which showed that skilled artisans would understand the invention
  • \This court applies the standards of the Administrative Procedure Act ('APA') in reviewing decisions of the Board.\ (citation omitted)
  • the “forced recitation of known sequences . . . would only add unnecessary bulk to the specification”
  • “An agency decision can be sup- ported by substantial evidence, even where the record will support several reasonable but contradictory conclu- sions.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Gajarsa, Archer, Dyk

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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