Thompson v. Hamilton Should Be Overruled!
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Thompson v. Hamilton Should Be Overruled!1

By Charles L. Gholz2 and Joell R. Hibshman3


Pioneer Hi-Bred International, Inc. v. Monsanto Technology LLC, 671 F.3d 1324, 101 USPQ2d 1849 (Fed. Cir. 2012)(opinion by Senior Circuit Judge Clevenger for a panel that also consisted of Circuit Judges Prost and Reyna)(hereinafter referred to as “Pioneer”), held that “multiple pre-critical date claims, considered together, can provide the foundation necessary for post-critical date claims to be held timely [under 35 USC 135(b)(1)].”4 In support of that holding,5 Judge Clevenger cited Thompson v. Hamilton, 152 F.2d 994, 68 USPQ 161 (CCPA...

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