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July 7, 2009

Another Round

The CAFC has granted en banc rehearing of Tafas & GSK v. Doll, over the PTO proposed continuation and claims limitations. The order did not state why it had decided to take another gander. In the first round, to general dismay, the CAFC panel ruled 2-1 that the rules were merely procedural, not substantive, overturning the reality-based verdict of the district court. The CAFC had found the continuations limits contrary to the law (35 U.S.C. § 120), although one could suppose, based on CAFC logic, little substance to that as well. Consistent as a drunken monkey, there's no telling what the entire CAFC might come up with in its round 2 decision.

Posted by Patent Hawk at July 7, 2009 10:51 AM | The Patent Office