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CAPON v. ESHHAR

Nos. 03-1480, 03-1481.

418 F.3d 1349 (2005)

Daniel J. CAPON, Arthur Weiss, Brian A. Irving, Margo R. Roberts, and Krisztina Zsebo, Appellants, v. Zelig ESHHAR, Daniel Schindler, Tova Waks, and Gideon Gross, Cross-Appellants, v. Jon Dudas, Director of the Patent and Trademark Office, Intervenor.

United States Court of Appeals, Federal Circuit.

August 12, 2005.

Attorney(s) appearing for the Case

Steven B. Kelber, Piper Rudnick, LLP, of Washington, DC, argued for appellants.

Roger L. Browdy, Browdy and Neimark, P.L.L.C., of Washington, DC, argued for cross-appellants.

Mary L. Kelly, Associate Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Arlington, Virginia, argued for intervenor. With her on the brief were John M. Whealan, Solicitor and Stephen Walsh, Associate Solicitor.

Before NEWMAN, MAYER, and GAJARSA, Circuit Judges.

PAULINE NEWMAN, Circuit Judge.

Both of the parties to a patent interference proceeding have appealed the decision of the Board of Patent Appeals and Interferences of the United States Patent and Trademark Office, wherein the Board held that the specification of neither party met the written description requirement of the patent statute. Capon v. Eshhar, Interf. No. 103,887 (Bd. Pat.App. & Interf. Mar. 26, 2003). The Board dissolved the interference and...

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