Quake v. Lo

Chen, Circuit Judge.

*1367 This appeal arises from a decision of the U.S. Patent and Trademark Office Patent Trial and Appeal Board (Board) finding the four claims of Dr. Stephen Quake and Dr. Christina Fan's (collectively, Quake) U.S. Patent No. 8,008,018 and Claim 25 of their U.S. Patent Application No. 12/393,833 unpatentable for lack of written description under 35 U.S.C. § 112 as part of three interference proceedings.

The claims cover a method of determining the presence of a chromosomal abnormality (called aneuploidy ) in fetuses by using massively parallel sequencing (MPS) technology to…