Federal Circuit: Prior Art Disclosure with Same Specificity as Patent Inherently Anticipates Claims

In a recent appeal from the PTAB, the Federal Circuit held that claims of a patent were inherently anticipated where the patent and prior art incorporated the same reference to describe a process for making the claimed composition of particles, and that process was responsible for determining the morphology of the claimed particles….
By: Akin Gump Strauss Hauer & Feld LLP