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In re Kubin argued before the Federal Circuit
On January 7, the Federal Circuit heard oral argument in In re Kubin, a case expected to have significant impact in the area of biotechnology patents. Kubin represents the PTO's post-KSR return to a stance previously rejected by the Federal Circuit in the landmark decision of In re Deuel.
In Deuel, the court rejected the PTO position that the existence in the prior art of a purified protein, combined with routine cloning methods, renders obvious a claim to a nucleic acid encoding the protein.