MONSANTO V BAYER BIOSCIENCE, No. 07-1109 (Fed. Cir. 2008)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on January 25, 2008.
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United States Court of Appeals for the Federal Circuit ERRATA April 4, 2008 Appeal No. 2007-1109 Precedential Opinion, Monsanto v. Bayer Bioscience Decided: January 25, 2008 On page 3, footnote 5: add , of the Bt2 class of toxins. at the end of the last sentence. On page 8, line 6: insert , including the sequence specific claims, after rejected all claims On page 8, line 24: insert canceled its broadest claims and after In reply to the office action, Bayer On page 9, line 25: insert 3.4 kB after truncated a On page 9, line 25: insert new footnote 9 after Bt toxin gene : kB, or kilobases, is a unit of length equal to 1000 base pairs of DNA. The Bt2 toxin gene Bayer was using was also approximately 3.4 kB. On page 14, footnote 11: replace at the time, Bayer was arguing that with despite having canceled the broader claims solely to expedite the prosecution of th[e] application, and not to acquiesce to the rejection, at the time Bayer distinguished Barnes, it was continuing to argue that On page 16, line 11: replace and thus one that encoded with which for the Bt2 gene would encode On page 16, line 11: insert smaller than 67 kD and after a size On page 16, footnote 14: delete footnote
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