PTAB Designates Stakeholder-Nominated Ruling on Flexible Markush Analysis as Informative

Yesterday, the U.S. Patent and Trademark Office (USPTO) announced that the agency had designated as informative a Patent Trial and Appeal Board (PTAB) decision in an ex parte appeal reversing an examiner’s rejection of patent claims directed to the isolation and detection of microRNA (miRNA) to determine a patient’s risk of radiation exposure for improper Markush groupings. Drawing primarily upon case law from the predecessor to the U.S. Court of Appeals to the Federal Circuit, the informative d