IN RE TANAKA

Attorney(s) appearing for the Case

Charles Gorenstein , Birch, Stewart, Kolasch & Birch LLP, of Falls Church, VA, argued for appellant. With him on the brief were Robert J. Webster and Michael B. Marion .

Benjamin D.M. Wood , Associate Solicitor, United States Patent and Trademark Office, of Alexandria, VA, argued for appellee. With him on the brief were Raymond T. Chen , Solicitor, and Nathan K. Kelley , Associate Solicitor.

R. Carl Moy , William Mitchell College of Law, of St. Paul, MN, for amicus curiae William Mitchell College of Law Intellectual Property Institute.

Carter G. Phillips , Sidley Austin LLP, of Washington, DC, for amicus curiae Merck & Co., Inc. With him on the brief were Jeffrey P. Kushan and Peter S. Choi . Of counsel on the brief was Edward W. Murray , Merck & Co., Inc., of Rahway, NJ.

Henry C. Dinger , Goodwin Procter LLP, of Boston, MA, for amicus curiae Teva Pharmaceuticals USA, Inc. With him on the brief were Frederick H. Rein and Eric H. Yecies , of New York, NY.

Dissenting opinion filed by Circuit Judge DYK.