Applications for Process Patents: Hearing Before the Subcommittee on Intellectual Property and Judicial Administration of the Committee on the Judiciary, House of Representatives, One Hundred Third Congress, Second Session, on H.R. 4307 ... May 5, 1994U.S. Government Printing Office, 1994 - 88 pages |
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administration amend American Amgen BARNEY FRANK believe bill biotech industry biotechnology industry BIOTECHNOLOGY INDUSTRY ORGANIZATION Chairman CHARLES VAN HORN chemical COBLE companies competition Congress current law direct memory access drill bit Durden enacted end product enforce example Federal Circuit foreign competitors FRANK genetic engineering gentleman host cell HUGHES important industry-specific infringement innovation Intellectual Property invention inventor issue juris doctor KIRK legislation Mancy MOORHEAD MOSSINGHOFF nonobvious novel microprocessor obviousness opponents Patent and Trademark patent applications patent examiners Patent Office patent owner patentable catalyst patentable starting material PhRMA Pleuddemann polyethylene PREPARED STATEMENT presumed valid prior art problem process patent applications process patent protection product patent protein question Raines resolve result Rick Boucher section 103 SENATE SMITH specific statute Subcommittee testified testimony Thank tion title 35 Trademark Office U.S. patent system uncertainty unexamined claims United United States Code WATERMAN
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Page 38 - Is it so bad, then, to be misunderstood? Pythagoras was misunderstood, and Socrates, and Jesus, and Luther, and Copernicus, and Galileo, and Newton, and every pure and wise spirit that ever took flesh. "I*b be great is to be misunderstood^ I suppose no man can violate his nature.
Page 77 - ... dependent claims shall be presumed valid even though dependent upon an invalid claim. The burden of establishing invalidity of a patent or any claim thereof shall rest on the party asserting such invalidity.
Page 38 - Is it so bad, then, to be misunderstood ? Pythagoras was misunderstood, and Socrates, and Jesus, and Luther, and Copernicus, and Galileo, and Newton, and every pure and wise spirit that ever took flesh. To be great is to be misunderstood.
Page 24 - In that they failed to state sufficient to enable one skilled in the art to make and use the invention...
Page 74 - ... [T]he fact that new or old, obvious or nonobvious, materials are used or result from the process are only factors to be considered, rather than conclusive indicators of the obviousness or nonobviousness of a claimed...
Page 47 - ... isolating desired polypeptide products of the expression of DNA sequences in said vector. 706 F. Supp. at 108, 9 USPQ2d at 1845. ^'HR 3957, 101st Cong., 2d Sess. (1990); HR 5664, 101st Cong., 2d Sess. (1990); S. 298, 103d Cong., 1st Sess. (1993); HR 760, 103d Cong., 1st Sess. (1993). See I. McAndrews, Removing the Burden of Durden through Legislation: HR 3957 and HR 5664, J.
Page 14 - Further, no remedy is available if the product was materially changed by subsequent processes or if it becomes a trivial and nonessential component of another product.
Page 30 - The court also reviews the decisions of the Court of Appeals for the Federal Circuit and the Supreme Court of Puerto Rico. The Supreme Court may decide which of the cases under its appellate jurisdiction it will review. Because it cannot possibly review all the cases, it selects the ones it considers the most important The court agrees to hear a case by granting a writ of certiorari (pronounced...
Page 74 - Pleuddemann that an old process for using a new material is patentable by virtue of the properties of the patentable material or product employed. In Ex parte Ochiai,331 the Board has also rejected the Federal Circuit's en banc admonition that Durden is not authority to reject as obvious every method claim reading on an old type of process,332 considering the court's statement to be dictum inapplicable to methods of making compounds.333 In Ochiai, the Board considered claims to a process of making...
Page 8 - District, has forwarded me a statement which, without objection, will be made a part of the record at this point.