CAFC Rejects Two of Three Applications for Controlied-Release Opioid Product - Board of Patent Appeals and Interferences Had Rejected All Three

摘要

WASHINGTON, DC 5/13/11 - The US Court of Appeals for the Federal Circuit today ruled in three appeals from the Board of Patent Appeals and Interferences (BPAI) concerning a controlled-release form of oxymorphone. The Board had affirmed the examiners'rejections of the claims as obvious over an international patent application. The CAFC found the Board based its conclusion of obviousness in one application "on factual findings lacking in substantial evidence," so this decision was vacated and remanded. In the other two cases, the Board's findings were found to be supported by substantial evidence, and the CAFC affirmed the rejections.