2016-1547 02-28-2017 ELI LILLY AND COMPANY, Appellant v. LOS ANGELES BIOMEDICAL RESEARCH INSTITUTE AT HARBOR–UCLA MEDICAL CENTER, Appellee Mark J. Feldstein, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, DC, argued for appellant. Also represented by Joshua Goldberg, Yieyie Yang ; Charles E. Lipsey, Reston, VA; Mark Stewart, Eli Lilly and Company, Indianapolis, IN. Ewa M. Davison, Fenwick & West LLP, Seattle, WA, argued for appellee. Also represented by David Keith Tellekson, Elizabeth
Patent Appeal No. 8016. October 24, 1968. Wenderoth, Lind Ponack, A. Ponak, Washington, D.C. (John T. Miller, Washington, D.C., of counsel) for appellant. Joseph Schimmel, Washington, D.C. (Jack E. Armore, Washington, D.C., of counsel) for the Commissioner of Patents. Before WORLEY, Chief Judge and RICH, SMITH, ALMOND, and BALDWIN, Judges. RICH, Judge. This appeal is from the decision of the Patent Office Board of Appeals affirming the rejection of claims 7 and 8 of application serial No. 269,707
(a) (1) If an applicant is required to reply within a nonstatutory or shortened statutory time period, applicant may extend the time period for reply up to the earlier of the expiration of any maximum period set by statute or five months after the time period set for reply, if a petition for an extension of time and the fee set in § 1.17(a) are filed, unless: (i) Applicant is notified otherwise in an Office action; (ii) The reply is a reply brief submitted pursuant to § 41.41 of this title; (iii)