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In re Wands

United States Court of Appeals for the Federal Circuit

858 F.2d 731, 8 U.S.P.Q.2d 1400 (1988)

Facts

Jack Wands applied for a patent involving the use of monoclonal antibodies to detect hepatitis B surface antigen. The United States Patent and Trademark Office (PTO) rejected the application under § 112 of the patent statute, which required a patent’s specification to enable a person of ordinary skill in the art to make and practice the claimed invention. The rejection was based on the PTO’s finding that practicing the invention required undue experimentation because making monoclonal antibodies required the routine screening of hybridomas, hybrid cells that secrete antibodies. Wands appealed to the United States Court of Appeals for the Federal Circuit.

Rule of Law

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Issue

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Holding and Reasoning (Smith, 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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