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This continuing legal education (CLE) presentation covers new developments in patent law. In particular, the presentation provides an overview of 35 USC § 112, first paragraph, written description and enablement case law and describes how functional claim language in patents is treated by that case law. In addition, the presentation focuses on how the Federal Circuit treated functional claim language in a recent en banc case, Ariad v Lilly (Fed. Cir. 2010) and how the Board of Patent Appeals and Interferences has recently treated functional claim language in a series of recent cases citing to the precedential case, Ex Parte Miyazaki (BPAI 2008).
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