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Judicial precedent trumps USPTO’s procedural rules for priority interferences; claim terms must be construed in light of the host specification

• McDermott Will & Emery
• -
• USA
• -
• January 30 2010

In a patent interference involving the adequacy of an application's written description, the U.S. Court of Appeals for the Federal Circuit reminded both the district court and the Board of Patent Appeals and Interferences (BPAI) that judicial precedent always trumps the U.S. Patent and Trademark Office’s (USPTO) procedural rules