Inequitable Conduct

Inventors made misrepresentations in example in specification for claimed thermostable enzyme by writing example in past tense, since reader of patent would conclude that purification protocol described in example was actually performed, and that stated results were actually achieved, whereas evidence shows that example was never performed as described.  (Hoffmann-La Roche Inc. v. Promega Corp., 66 USPQ2d 1385, CA FC, 3/31/03).

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