Patent Appeal Board Reverses Rejection in In Re Xu
June 12, 2009
News @ Myers Bigel
In March 2009, the Board of Patent Appeals and Interferences held in In re Xu that a patent examiner who rejected an application for a prostate cancer risk screening method based on post-filing data indicating the method did not work in all populations did not provide a reasonable basis to question the enablement that was provided for the claimed invention. A summary of the case and the BPAI’s decision appeared on May 8, 2009 in the BNA (Vo1.3, N0.9) Life Sciences Law & Industry Report. The appeal was filed by MBSS attorney Sherry Murphy, who is quoted in the Attorney’s Comment on page 2 of the article. Reproduced with permission from Life Sciences Law & Industry Report, 3 LSLR 450 (May 8, 2009). Copyright 2009 by The Bureau of National Affairs,Inc. (800-372-1033) .