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Holdings on enablement and utility appear to collide in a recent Federal Circuit rulng that had the puzzling effect of a nonenabled prior patent application serving as an enabling prior art reference. A closer look at the Federal Circuit's earlier decisions on these matters raises strategic issues for patent practitioners who are seeking protection of inventions, particularly in the biotechnology field, say attorneys W. Murray Spruill and Leslie T. Henry.
February 10, 2006 at 12:00 AM
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The original version of this story was published on Law.Com
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