If one patent office examiner rejects an application, the applicant can file a "continuation" with another until it gets approved, which is how the Wisconsin stem cell patents got through.
http://www.latimes.com/news/opinion/la-oe-washburn12apr12,0,3358582.story?track=tottextFrom the Los Angeles Times
The legal lock on stem cells
Two patents that cover key research areas are setting back science.
By Jennifer Washburn
JENNIFER WASHBURN is a fellow at the New America Foundation and author of "University, Inc.: The Corporate Corruption of Higher Education."
April 12, 2006
CALIFORNIA'S $3-billion stem cell program has encountered repeated setbacks since it was approved by voters 17 months ago. Now it faces an entirely new and potentially even more worrisome challenge arising from two powerful patents — patents No. 5,843,780 and No. 6,200,806, to be exact — which cover all human embryonic stem cells and the method by which they're made.
Patents are supposed to stimulate innovation. That's why they exist. But it appears that these two patents, held by a foundation affiliated with the University of Wisconsin, may exert a dangerous monopoly over all future research in the field — one that may pose an even greater long-term threat to stem cell science than the Bush administration's federal funding ban.
Here's the background. In mid-March, the Wisconsin Alumni Research Foundation, or WARF, announced that the state of California must sign a legal contract and pay user fees to the foundation if any state-funded scientists want to work with human embryonic stem cells of any kind. Yes, of any kind.
The foundation's patents are based on the work of James Thompson, a University of Wisconsin professor who was the first scientist to isolate embryonic stem cells, in 1998. But the patents are so broad — unreasonably broad — that they cover all human embryonic stem cell lines in the U.S., not just the specific lines developed by Thompson. <snip>