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ARTICLE · 14 JUNE 2010

Incorporation by Reference Statement Sufficiently Identified the Incorporated Material

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In Harari v. Hollmer, No. 09-1406 (Fed. Cir. Apr. 19, 2010), the Federal Circuit reversed the Board’s dismissal of Eliyahou Harari from an interference, finding that Harari’s claims were adequately supported by the specification as-filed because a contested incorporation by reference statement was adequate to incorporate an earlier filed priority application by reference.

United StatesIntellectual Property
Amelia Baur
Amelia Baur
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Judges: Bryson, Archer, Prost (author)
[Appealed from Board]

In Harari v. Hollmer, No. 09-1406 (Fed. Cir. Apr. 19, 2010), the Federal Circuit reversed the Board's dismissal of Eliyahou Harari from an interference, finding that Harari's claims were adequately supported by the specification as-filed because a contested incorporation by reference statement was adequate to incorporate an earlier filed priority application by reference.

The disputed application, U.S. Patent Application No. 09/310,880 ("the '880 application") claims priority to a chain of patent applications, beginning with U.S. Patent Application No. 07/337,566 ("the '566 application"). The '566 application contains the incorporation by reference statement as follows:

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