Sometimes choosing the right finish line is often more important than being swifter.
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References
Morgenthalerv. Scudder, 11 App. D.C. 264 (D.C. Cir.1897).
These rules as stated are simplified and riddled with exceptions.
See, for example, Amgen, Inc. v. ChugaiPharmaceutical Co., Ltd., 927 F.2d 1200 (Fed. Cir. 1991); Fiers v. Sugano, 984 F.2d 1164 (Fed. Cir. 1993).
Burroughs Wellcome Co. v. BarrLaboratories, Inc., 40F.3d 1223 (Fed. Cir. 1994); Staehelin v. Secher, 24 USPQ2d 1513 (Bd. Pat. App. & Int. 1992).
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Meredith, R. Winning the race to invent. Nat Biotechnol 15, 283–284 (1997). https://doi.org/10.1038/nbt0397-283
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DOI: https://doi.org/10.1038/nbt0397-283