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IN RE ROSLIN INSTITUTE (EDINBURGH)

No. 2013-1407.

750 F.3d 1333 (2014)

In re ROSLIN INSTITUTE (EDINBURGH).

United States Court of Appeals, Federal Circuit.

May 8, 2014.

Attorney(s) appearing for the Case

Salvatore J. Arrigo , Law Office of Salvatore Arrigo and Scott Lee, LLP, of Washington, DC, argued for appellant. With him on the brief was Scott M.K. Lee.

Amy J. Nelson , Associate Solicitor, United States Patent and Trademark Office, of Alexandria, Virginia, argued for appellee. With her on the brief were Nathan K. Kelley , Deputy General Counsel for Intellectual Property Law and Solicitor, and Thomas W. Krause , Associate Solicitor.

Before DYK, MOORE, and WALLACH, Circuit Judges.

DYK, Circuit Judge.

The Roslin Institute of Edinburgh, Scotland (Roslin) is the assignee of U.S. Patent Application No. 09/225,233 (the '233 application) and appeals from a final decision of the Patent Trial and Appeal Board (Board). The Board held that all of Roslin's pending claims — claims 155-159 and 164 — were unpatentable subject matter under 35 U.S.C. § 101. The Board also rejected Roslin's claims as anticipated and obvious under 35 U.S.C...

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