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In re Kubin

United States Court of Appeals for the Federal Circuit
561 F.3d 1351 (Fed. Cir. 2009)


Facts

Marek Kubin applied for a patent for the isolation and sequencing of cDNA that encodes a protein known as the Natural Killer Cell Activation Inducing Ligand (NAIL). The Board of Patent Appeals and Interferences (Board) rejected Kubin’s claims, finding that previous teachings of Valiante and Sambrook in the field rendered Kubin’s discovery obvious and thus unpatentable. Specifically, the Board found that given Valiante teachings, anyone with ordinary skills in the field would see the value in isolating cDNA NAIL given NAIL’s importance to the human body. The Board also found that Kubin had used techniques that Sambrook had described to conduct the isolation. Finally, the Board found that Kubin isolated its DNA by using an antibody that Valiante had discovered. Kubin appealed.

Rule of Law

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Issue

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Holding and Reasoning (Rader, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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