Method of Treatment Claim’s Limiting Preamble Must Satisfy the Written Description Requirement
By EsqSocial Corporation 01/05/25
On March 13, 2025, the U.S. Court of Appeals for the Federal Circuit issued a decision in the case of In Re: Xencor, Inc. In this Appeal from the Appeals Review Panel of the Patent Trial and Appeal Board (ARP), with regard to U.S. Application No. 16/803,690 (’690 application), the court held that the preamble of the method of treatment claims at issue is limiting, and thus requires sufficient written description under 35 U.S.C. §112....
By: Wilson Sonsini Goodrich & Rosati