X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
This is a patent interference case. Ronald Hitzeman, Arthur Levinson, and Daniel Yansura (collectively, “the Hitzeman inventors” or “Hitzeman”) are the junior parties in the two interferences at issue. William Rutter, Pablo Valenzuela, Benjamin Hall, and Gustav Ammerer (collectively, “the Rutter inventors” or “Rutter”) are the senior parties. On July 30, 1990, the United States Patent and Trademark Office (“PTO”) declared Interference No. 102,416 (“the ’416 interference”) between U.S. Application Serial No. 07/209,504 by Rutter, entitled to a filing date of August 4, 1981 (“the ’504 Rutter application”), and U.S. Patent No. 4,803,164 to Hitzeman, entitled to a filing date of August 31, 1981 (“the ’164 Hitzeman patent”). On October 22, 1992, the PTO declared Interference No. 102,989 (“the ’989 interference”) between U.S. Patent No. 4,769,238 to Rutter, entitled to a filing date of August 4, 1981 (“the ’238 Rutter patent”), and U.S. Application Serial No. 07/248,863 by Hitzeman, entitled to a filing date of August 31, 1981 (“the ’863 Hitzeman application”). On June 30, 1999, the Board of Patent Appeals and Interferences (“Board”) issued separate Final Decisions in each of the interferences, awarding priority in both interferences to Rutter. On August 27, 1999, Hitzeman filed a timely notice of appeal to this court. We have jurisdiction pursuant to 35 U.S.C. � 141 (West Supp. 2000). We heard oral arguments in this case on January 9, 2001. The issues raised on appeal are nearly identical in the two interferences, and so we address both interferences in this opinion, with distinctions noted between the two interferences where appropriate. Because we conclude that the Board properly determined that the particle size and sedimentation rate limitations recited in both counts are material limitations, and because substantial evidence supports the Board’s conclusion that Hitzeman had not conceived of the particle size and sedimentation rate limitations prior to Rutter’s reduction to practice of the invention, and because the legal standards applied by the Board were correct, we affirm.

I. Factual and Procedural Background

A. Overview of the Technology

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
May 23, 2024
London

Celebrate outstanding achievement in law firms, chambers, in-house legal departments and alternative business structures.


Learn More
June 20, 2024
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
June 27, 2024
New York

Consulting Magazine identifies consultants that have the biggest impact on their clients, firms and the profession.


Learn More

Associate attorney position at NJ Immigration Law firm: Leschak & Associates, LLC, based in Freehold, NJ, is looking for a full time ass...


Apply Now ›

Company Description CourtLaw Injury Lawyers is an established Personal Injury Law Firm with its primary office located in Perth Amboy, New J...


Apply Now ›

Black Owl Recruiting is looking for a number of qualified applicants to fill positions for a highly reputable client. Recent experience work...


Apply Now ›
04/29/2024
The National Law Journal

Professional Announcement


View Announcement ›
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›