Multiple Claims Can Be "Such a Claim" in 135(b) to Support an Interference

Pioneer Hi-Bred International, Inc. v. Monsanto Technology, LLC, [2011-1285] (February 28, 2012) [CLEVENGER, Prost, Reyna] The Federal Circuit affirmed the BPAI's decision that Monsanto's claims were not time barred under 35 USC 135(b)(1), and that Monsanto had seniority.
DISCUSSION: The Federal Circuit agreed with the BPAI's interpretation of 35 USC 135(b) that Multiple pre-critical date claims, considered together, can provide the foundation necessary for a later claim to be found timely. Thus Monsanto was able to support a single post-critical date claim in its application in inteference, with a plurality of pre-critical date claims which taken together, supported the subject matter in interference.