TITLE

IN RE CURTIS

PUB. DATE
January 2005
SOURCE
Berkeley Technology Law Journal;Annual Review 2005, Vol. 20 Issue 1, p177
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The article informs that the U.S. Federal Circuit held that when the evidence indicates persons having ordinary skill in the relevant art cannot predict the operability in the invention of any species other than the one disclosed, a patentee will not be deemed to have invented species sufficient to constitute the genus by virtue of having disclosed a single species. The patentees filed a patent application claiming they "unexpectedly discovered" that dental floss, when made with a floss filament coated with microcrystalline wax, would provide a coefficient of friction that hits the right balance between usability and effectiveness. Two continuation-in-part applications ensued, resulting in two issued patents.
ACCESSION #
16940164

 

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