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ARTICLE · 12 AUGUST 2014

Objective Evidence Based On Unclaimed Species Insufficient Nexus

McDermott Will & Emery
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The PTAB found all claims at issue unpatentable, concluding that the prior art provided strong evidence of obviousness.

United StatesIntellectual Property
Sarika Singh, Ph.D.
Sarika Singh, Ph.D.
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Gnosis SpA v. South Alabama Medical Science Foundation

In the final written decision of an inter partes review, the Patent Trial and Appeal Board (PTAB) found all claims at issue unpatentable, concluding that the prior art provided strong evidence of obviousness, which was not overcome by the objective evidence presented due to lack of sufficient nexus to the claimed subject matter.  The PTAB found that the objective evidence presented was either tied to a prior art element in the claim or pertained to an unclaimed embodiment/species, with no indication that other embodiments encompassed by the claims would perform similarly. Gnosis SpA v. South Alabama Medical Science Foundation, IPR No. IPR2013-00016 (PTAB, June 20, 2014) (Kamholz, APJ).

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