Appeal 2006-3373
Application 09/919,504
the limitation at issue in the claims. The inquiry is a factual one
and must be assessed on a case-by-case basis.
Purdue Pharma L.P. v. Faulding, Inc., 230 F.3d 1320, 1323, 56 USPQ2d
1481, 1483 (Fed. Cir. 2000) (citations omitted) (alterations in original).
Incorporation by reference provides a method for integrating
material from various documents into a host document . . . by
citing such material in a manner that makes it clear that the
material is effectively part of the host document as if it were
explicitly contained therein. To incorporate material by
reference, the host document must identify with detailed
particularity what specific material it incorporates and clearly
indicate where that material is found in the various documents.
Advanced Display Systems, Inc. v. Kent State University, 212 F.3d 1272,
1282-83, 54 USPQ2d 1673, 1679-80 (Fed. Cir. 2000) (citations omitted)
(emphasis added).
The ’271 Application discloses that: 6
The present invention comprises a therapeutic delivery
composition effective for treating a disease state comprising an
administerable admixture of an effective amount of a
therapeutic compound capable of altering nucleic acid sequence
function and an effective amount of a surface active nonionic
block copolymer having the following general formula:
HO(C2H4O)b(C3H6O)a(C2H4O)bH
(Id. at 6.)
6 Note that the panel actually used the Specification of USSN 08/926,297, as
that application is a continuation of USSN 08/725,842, which is a
continuation of the ’271 Application. The Specification of USSN
08/926,297 was used because we could not obtain a copy of the
Specification of the ’271 Application, but the Specification is assumed to be
the same because of the status of the other cited applications as
continuations of the ’271 Application.
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