Michael Schwartz Ph.D.

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PTAB Rulings Highlight the Importance of a Claimed Agent’s Stated Function

By Michael Schwartz Ph.D. on April 17, 2023 Posted in PTAB

The PTAB recently handed down two consequential inter partes review decisions that emphasize the importance of the stated function for an agent specified in the claims. In particular, the PTAB held that glucose, which is a component of an anticoagulant used in the prior art, is not “an agent that inhibits cells lysis” simply because … Continue Reading

Federal Circuit Develops the ‘At Once Envisage’ Standard of Anticipation and Affirms the Importance of Specialized Considerations in the Chemical Arts

By Michael Schwartz Ph.D. on November 9, 2022 Posted in Patent

Anticipation of a claim generally requires that a single prior art reference explicitly discloses each and every claim element.[1] However, absent an express teaching in the prior art, a claim may also be anticipated if it is directed to a member of a limited class that a person of ordinary skill in the art would … Continue Reading

Federal Circuit Requires Definitive Written Description Support for Quantitative Values and Ranges

By Michael Schwartz Ph.D. on December 15, 2021 Posted in Federal Circuit, Patents

Under U.S. law, every patent claim must be supported by an adequate written description, which conveys to those skilled in the art the nature and breadth of the invention.[1] The Federal Circuit recently decided two cases that found that claiming both a quantitative value and a quantitative range requires particular clarity in the disclosure. In … Continue Reading