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Harari v. Hollmer

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Before BRYSON, ARCHER, and PROST, Circuit Judges.

This case is an appeal from the Board of Patent Appeals and Interferences (“BPAI” or “Board”) concerning Patent Interference No. 105,686(JL) between junior party inventors Eliyahou Harari and Sanjay Mehrotra (collectively “Harari”) named on pending U.S. Patent Application No. 09/310,880 (“’880 application”), and senior party inventors Shane C. Hollmer and Lee E. Cleveland (collectively “Hollmer”) named on U.S. Patent No. 5,828,601. The Board dismissed Harari from the interference, finding that Harari’s claims were unpatentable for lack of written description due to an insufficient incorporation by reference statement. Because we disagree with the Board’s legal conclusion as to the sufficiency of the incorporation by reference statement, we reverse the Board’s dismissal and remand the case for further proceedings consistent with this opinion.

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