About the Authors

  • The Authors and Contributors of "Patent Docs" are patent attorneys and agents, many of whom hold doctorates in a diverse array of disciplines.
2018 Juristant Badge - MBHB_165
Juristat #4 Overall Rank

E-mail Newsletter

  • Enter your e-mail address below to receive the "Patent Docs" e-mail newsletter.

Contact the Docs

Docs on Twitter


Disclaimer

  • "Patent Docs" does not contain any legal advice whatsoever. This weblog is for informational purposes only, and its publication does not create an attorney-client relationship. In addition, nothing on "Patent Docs" constitutes a solicitation for business. This weblog is intended primarily for other attorneys. Moreover, "Patent Docs" is the personal weblog of the Authors; it is not edited by the Authors' employers or clients and, as such, no part of this weblog may be so attributed. All posts on "Patent Docs" should be double-checked for their accuracy and current applicability.
Juristat_165
Juristat #8 Overall Rank

Pharma-50-transparent_216px_red

« Like a Penny Saved for a Rainy Day (Albeit, Unintentionally): The Renewed Relevance of 35 U.S.C. § 103(b) | Main | Tidbits from the USPTO: KSR and More »

May 14, 2007

Comments

Your closing paragraph may provide another reason the Supreme Court declined review, i.e., review won't make a difference to the ultimate outcome of the case. (The Court is, as I understand it, less inclined to grant review in a case where, even if they agree 100% with the petitioner, the ultimate outcome of the case won't change.)

This is really picky. picky, picky ....but:

Hematocrit is not a "biological property" of EPO, or anything else. It is a measure of rbc production. More precisely it is a ratio of rbc vol to the vol of whole blood. EPO's property is increasing 'crit.

If this imprecise language originated w/ the CAFC, it serves as an example of why they shouldn't be determining the facts.

Babel

Babel:

You are absolutely right, and we here at PatentDocs admit falling into the semantically incorrect thicket created by the CAFC. We will change the post to what we should have meant, which is "an increase in hematocrit."

Thanks.

The comments to this entry are closed.

December 2021

Sun Mon Tue Wed Thu Fri Sat
      1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31