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« USPTO Requests Comments on Enhancement of Patent Quality | Main | Biotech/Pharma Docket »

December 14, 2009

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Kevin,

At an en banc oral argument, I find it very strange that Michel would focus on such minutia as whether Eli Lilly had preserved their right to object to a jury instruction. There were far more important matters that needed to be addressed. And as you correctly pointed out, everyone tip toed around the most importantly, namely what's required to satisfy "written description," be it separate and distinct, or otherwise

EG,

Be "written description" not separate and distinct, the plain language of the statute tells you the level to be satisfied.

It is only when "written description" is made separate and distinct does the plain language of the statute not tell you the level.

I have found it rather surprising that the court as well as the pundits have not picked up on the discussion of the second question.

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