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TOBINICK v. OLMARKER

No. 2013-1499.

753 F.3d 1220 (2014)

Edward TOBINICK, Appellant, v. Kjell OLMARKER and Bjorn Rydevik, Appellees.

United States Court of Appeals, Federal Circuit.

Rehearing Denied July 3, 2014.

Attorney(s) appearing for the Case

Robert Hahl , Neifeld IP Law, PC, of Alexandria, VA, argued for appellant. With him on the brief was Richard A. Neifeld.

Todd R. Walters , Buchanan, Ingersoll & Rooney PC, of Alexandria, VA, argued for appellees. With him on the brief was Erin M. Dunston.

Before LOURIE, REYNA, and WALLACH, Circuit Judges.

REYNA, Circuit Judge.

This appeal arises out of an interference proceeding before the Patent Trial and Appeal Board ("Board") at the United States Patent and Trademark Office ("PTO") relating to drug treatments for spinal nerve injuries. The Board construed "administered locally" as administering the claimed therapeutic compound "directly to the site where it is intended to act, that is, to the location where the nucleus pulposus is causing the symptoms of the nerve...

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