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YORKEY v. DIAB

No. 2008-1578.

605 F.3d 1297 (2010)

Thomas J. YORKEY, Appellant, v. Mohamed K. DIAB, Esmaiel Kiani-Azrbay Jany, and Walter M. Weber, Appellees.

United States Court of Appeals, Federal Circuit.

April 7, 2010.

Attorney(s) appearing for the Case

Robert C. Morgan, Ropes & Gray LLP, of New York, NY, argued for appellant. With him on the brief was Marina Len.

Joseph R. Re, Knobbe, Martens, Olson & Bear, LLP, of Irvine, CA, argued for appellees. With him on the brief were Brenton R. Babcock, Irfan A. Lateef and Jarom D. Kesler.

Before MICHEL, Chief Judge, GAJARSA, Circuit Judge, and KENDALL, District Judge.

MICHEL, Chief Judge.

Appellant Thomas J. Yorkey ("Yorkey") appeals from a ruling of the Board of Patent Appeals and Interferences (the "Board") denying his motion for judgment that claim 39 of Appellees Mohamed K. Diab, Esmaiel Kiani-Azraby Jany and Walter M. Weber's (collectively "Diab") U.S. Patent Application Ser. No. 09/111,604 (the "Diab application") fails to comply with the written description requirement of 35 U.S.C. § 112, ¶ 1. Yorkey also appeals...

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