Legal Opinion

In re Weber

Court of Customs and Patent Appeals

Decided June 30, 1978No. Appeal No. 77-622PublishedCited by 9 opinions

1Opinion of the Court

BALDWIN, Judge.

This appeal is from a decision of the United States Patent and Trademark Office (PTO) Board of Appeals (board) affirming the examiner’s rejection of claims 1-6 “as being improper Markush claims [1] and misjoinder under 35 USC 121.”[2] The board also dismissed, for want of jurisdiction, the appeal of claims 8-13, 16, 17, 20, 22 and 23 in that the claims “were withdrawn from *456consideration since they were directed to non-elected inventions.” We reverse and remand.

Invention

The invention relates to cyclic diamine derivatives which possess the common property of psychotherapeutic…

2Cases cited7 opinions

  1. Application of Heinrich Ruschig, Walter Aumuller, Gerhard Korger, Hans Wagner, Josef Scholz and Alfred BanderCourt of Customs and Patent Appeals · 1967
  2. Application of Leo L. HengeholdCourt of Customs and Patent Appeals · 1971
  3. Thomas Lynn Fields v. Lloyd H. Conover and Robert B. WoodwardCourt of Customs and Patent Appeals · 1971
  4. In re HaasCourt of Customs and Patent Appeals · 1973
  5. In re SichertCourt of Customs and Patent Appeals · 1977

2 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Bayer Aktiengesellschaft v. Duphar International Research B.V.Court of Appeals for the Federal Circuit · 1984
  2. R2 Medical Systems, Inc. v. Katecho, Inc.District Court, N.D. Illinois · 1996
  3. Mullins v. Kaiser Steel Corp.District Court, District of Columbia · 1979
  4. Godtfredsen v. BannerDistrict Court, District of Columbia · 1980
  5. Godtfredsen v. BannerCourt of Customs and Patent Appeals · 1979

4 more not listed; retrieve them via the Exa API.

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