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ROBERTSON v. TIMMERMANS

No. 2009-1222.

603 F.3d 1309 (2010)

Jones J. ROBERTSON and Robert M. Currie, Appellants, v. Jos TIMMERMANS and Jean C. Raymond, Appellees.

United States Court of Appeals, Federal Circuit.

May 5, 2010.

Attorney(s) appearing for the Case

Alton W. Payne, Matthews, Lawson & Bowick, PLLC, of Houston, TX, argued for appellants. With him on the brief were Guy E. Matthews and Robert M. Bowick.

Thomas N. Young, Young Basile Hanlon & MacFarlane, P.C., of Troy, MI, argued for appellees. On the brief was Christian J. Garascia.

Before LINN, PLAGER, and DYK, Circuit Judges.

PLAGER, Circuit Judge.

This case presents once again the issue of which patent disclosure in an interference proceeding should be used to construe claims copied by one party from another party's patent or patent application when the claims are the subject of a written description challenge. In this case, Jos Timmermans and Jean C. Raymond (collectively, "Timmermans") provoked an interference by copying claims into their patent application from a patent issued to Jones...

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