5828601

USPTO patent interference (Interference No. 105,606) involving U.S. Patent 5,828,601, between Eliyahou Harari & Sanjay Mehrotra (junior party, application 09/310,880) and Shane C. Hollmer & Lee E. Cleveland (senior party). The BPAI entered judgment against Hollmer and held Harari's '880 application entitled to the benefit of the April 13, 1989 filing date of application 07/337,566; the decision was later addressed in Federal Circuit appeals.

Federal Circuit appeal reported at 602 F.3d 1348 and decided April 19, 2010, arising from Interference No. 105,606. The court reversed the BPAI and held the '880 application adequately incorporated the '579 application by reference (no new matter).

Federal Circuit appeal reported at 681 F.3d 1351 and decided August 24, 2012, arising from Interference No. 105,606. The court vacated and remanded the BPAI's 'reasonable examiner' standard, holding that the 'person of ordinary skill' standard applies to the §120 continuity inquiry for the intervening '838 and '768 applications.