In Re Jeffrey Hubbell, Jason Schense, Andreas Ziseh, and Heike Hall (United States Court of Appeals for the Federal Circuit)

摘要

Jeffrey Hubbell, Jason Schense, Andreas Zisch, and Heike Hall are the named inventors on U.S. Patent Application No. 10/650,509 ("the '509 application"). The examiner rejected all of the pending claims-—claims 1-5,7, 9-14, 16-22, 26-30, 34, and 35—for obviousness-type double patenting over several patents, including U.S. Patent No. 7,601,685 ("the '685 patent"). Hubbell appeals from the decision of the Board of Patent Appeals and Interferences ("the Board") affirming the examiner's final rejectionwith respect to the '685 patent. Ex parte Jeffrey Hubbell, Jason Schense, Andreas Zisch, and Heike Hall, No. 2010-004497, 2011 Pat. App. LEXIS 19847 (B.P.A.I. May 20, 201 ){"Board Decision"). Because the Board did not err in concluding that the pendingclaims were barred under the doctrine of obviousness-type double patenting, we affirm.