In a patent application dispute involving tampon design, Board of Patent Appeals and Interferences judgment is reversed where: 1) plaintiff’s appeal is timely; 2) the Board’s rejection of claim 1 of the patent as anticipated, because another unexamined application discloses a tampon with the characteristics claimed by plaintiff, lacks substantial evidentiary support.
Read In re McNeil-PPC, Inc., No. 08-1546
Appellate InformationAppeal from the United States Patent and Trademark Office, Board of Patent Appeals and Interferences.Decided: July 31, 2009
JudgesBefore MICHEL, Chief Judge, RADER, and DYK, Circuit Judges.Opinion by Chief Judge MICHEL. Circuit Judge DYK dissents.
CounselFor Appellant: Dianne B. Elderkin, Woodcock Washburn, LLP, Philadelphia, Pennsylvania
For Respondent: Christina J. Hieber, United States Patent and Trademark Office, Alexandria, Virginia.
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