date:Jun 27, 2012
.
However, the US Court of Appeals for the Federal Circuit, led by Judge Robert M Dow Jr., upheld the federals courts original decision and dismissed Wrigleys appeal.
It also upheld the federal courts earlier ruling, which said that Cadburys 1989 patent could not be extended to include WS-23.
Circuit Judge Newman agreed that Cadburys patent could not be extended, but gave a dissenting judgement, arguing that Wrigleys W-23/menthol combo could not have been anticipated and lacked obviousness.