Applied Materials, Inc. v. Advanced Semiconductor Materials America, Inc.

I respectfully dissent from the judgment of my colleagues concerning the ’313 patent, for their separate theories of invalidity are premised on the incorrect position that a continuation-in-part application is not entitled to the parent application’s filing date, even when the claimed invention was enabled and the best mode requirement was met in the parent specification.

The ’313 patent arose from the same parent application as did the ’609 patent discussed supra. It is not disputed that the enablement and best mode requirements were met when the parent application was filed. The district…