Legal Opinion

In re Rice

Court of Customs and Patent Appeals

Decided July 19, 1973No. Patent Appeal No. 8961PublishedCited by 1 opinion

1Opinion of the Court

RICH, Judge.

This appeal is from the Patent Office Board of Appeals decision affirming the examiner’s rejection of claims 1-4 of application serial No. 678,502, filed October 27, 1967, for a hangover remedy, *1317which was based on obviousness under 35 U.S.C. § 103 in view of the prior art.

Claim 1 is the only independent claim and reads:

1. A therapeutic composition of matter containing the following ingredients present in the recited approximate parts by weight:

Ingredient Parts by Weight 4 10% By Weight

Aspirin 414

Aluminum Hydroxide 130

Acetaminophen 325

Magnesium Carbonate 65

Magnesium Trisilicate 65

Ni…

2Cases cited1 opinion

  1. Application of Richard E. Warner and Virginia Ann WarnerCourt of Customs and Patent Appeals · 1967

3Cited by1 opinion

  1. In re PagliaroCourt of Customs and Patent Appeals · 1981

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