On August 6, 2026, the USPTO Appeals Review Panel issued a precedential decision in Ex parte Baurin, reversing the Patent Trial and Appeal Board and reinstating six obviousness-type double patenting rejections of Sanofi's antibody-like binding protein claims. The panel held that the anti-harassment rationale can independently support such a rejection even though the challenged claims would expire in 2032, before the reference patent's 2037 expiration.

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