No. 2012-1420.

724 F.3d 1320 (2013)


United States Court of Appeals, Federal Circuit.

Decided July 25, 2013.

Attorney(s) appearing for the Case

Troy E. Grabow , Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, of Washington, DC, argued for appellant. With him on the brief was Sarah E. Craven. Of counsel was Jennifer Robinson.

Meredith H. Schoenfeld , Associate Solicitor, United States Patent and Trademark Office, of Alexandria, Virginia, argued for appellee. With her on the brief was Robert J. McManus , Associate Solicitor. Of counsel was Nathan K. Kelley , Deputy Solicitor.

Opinion for the court filed by Circuit Judge CLEVENGER.

Bimeda Research & Development Limited ("Bimeda") appeals a decision by the United States Patent and Trademark Office ("PTO") Board of Patent Appeals and Interferences, now known as the Patent Trial and Appeal Board ("Board"), in Ex parte Bimeda Research & Development Limited, No. 2011-010507, 2011 WL 3754635 (B.P.A.I. Aug. 19, 2011) ("Board Opin."), which affirmed an examiner's rejection of certain claims introduced in the context of ex parte reexamination...

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