IN RE LUNDAK

Appeal No. 85-887.

773 F.2d 1216 (1985)

In re Robert L. LUNDAK.

United States Court of Appeals, Federal Circuit.

September 16, 1985.


Attorney(s) appearing for the Case

Bertram I. Rowland, Townsend & Townsend, San Francisco, Cal., argued for appellant.

Harris A. Pitlick, Associate Sol., U.S. Patent & Trademark Office, Arlington, Va., argued for appellee. With him on the brief were Joseph F. Nakamura, Sol. and John W. Dewhirst, Associate Sol., Washington, D.C.

Before MARKEY, Chief Judge, BENNETT, and NEWMAN, Circuit Judges.


PAULINE NEWMAN, Circuit Judge.

This appeal concerns the administrative rule of the United States Patent and Trademark Office (PTO) whereby an inventor in the field of microbiology is required to deposit a sample of relevant biological materials with an independent depository on or before the date the inventor files a patent application. Such deposit requirement applies only to biological materials that are not readily reproducible from their written description.<...

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