By Donald Zuhn –- Earlier today, the Federal Circuit affirmed the final determination by the U.S. Patent and Trademark Office Patent Trial and Appeal Board finding claims 1, 2, and 4-14 of U.S. Patent No. 8,409,862 unpatentable as either anticipated or obvious. The ‘862 patent is directed to using mass spectrometry to detect low levels of testosterone in female humans. The ‘862 patent explains that while testosterone levels are much lower in females as compared to males, testosterone can be purified prior to mass spectrometry, which can improve the limit of detection. Claims 8 and 9, which were relevant to…
