Federal Circuit -- HARARI V. LEE

Thus, the dispute is whether the ’579 application’s description of margining and biasing a master reference cell relative to a local reference cell provides written description support for the offset erase verify bias claims. We decline to resolve this technical, fact-intensive question in the first instance, and instead vacate and remand to the Board for further proceedings consistent with this opinion. . .

Moreover, accessing multiple bit lines simultaneously with a multiplexer is not accessing a single bit line. Similarly, calling multiple bit lines a “composite bit line” as Harari does in its briefs does not make it so. Accordingly, we affirm the Board’s decision granting Lee’s threshold motion alleging unpatentability for lack of written description and its judgment on priority against Harari

HARARI V. LEE