3/23/11 : Homework based on "In Re Hall" (kyergler)

Printed Publication Homework

In re Carol F. KLOPFENSTEIN

• Assignment: Create a wiki page with a one-paragraph description of the facts of the case and the holding. Be sure to include which court it was.

In the United States Court of Appeals, Federal Circuit, inventors appealed against a rejection of the Patent and Trademark Office for their invention of an animal-feeding method that helps lower their serum cholesterol levels while raising HDL cholesterol levels. The PTO originally rejected the application because it had "already been described in a printed publication more than one year before the date of the patent application." The CAFC affirmed this.

The Printed Publication

In October of 1998, a 14-slide presentation inclusive of all claims of the above patent application was made at a meeting of the "American Association of Cereal Chemists (AACC)" which were printed and posted on a posterboard and displayed continuously for 2 and a half days at the AACC meeting. The next month (November), the same slide presentation was put on display at an Agriculture Experiment Station at Kansas State University for less than a day. Neither presentation included a no-note-taking disclaimer; however, no copies of the presentation were distributed at the presentations, nor was it ever catalogued or indexed at any library or database.