Legal Opinion

In re Harnisch

Court of Customs and Patent Appeals

Decided June 12, 1980No. Appeal No. 79-614PublishedCited by 7 opinions

1Opinion of the Court

RICH, Judge.

This appeal is from the decision of the United States Patent and Trademark Office (PTO) Board of Appeals (board) rejecting, under 37 C.F.R. 1.196(b), claims 1 and 3-81 of appellant’s application, serial No. 559,978, filed March 19, 1975, for “Coumarin Compounds,” on the sole ground that these claims are “drawn to improper Markush groups.” We reverse.

The Invention

The claimed compounds encompass cou-marin compounds useful as dyestuffs. Some of them may be used as intermediates to make other dyestuffs. Claim 1 is representative and reads as follows:

1. Coumarin compounds which in one…

2Cases cited15 opinions

  1. Application of Walter L. Borkowski and John J. Van VenrooyCourt of Customs and Patent Appeals · 1970
  2. In Re HassCourt of Customs and Patent Appeals · 1944
  3. Application of Lynn B. Wakefield and Frederick C. FosterCourt of Customs and Patent Appeals · 1970
  4. In re HaasCourt of Customs and Patent Appeals · 1973
  5. Application of SchechterCourt of Customs and Patent Appeals · 1953

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3Cited by7 opinions

  1. Abbott Laboratories and Central Glass Company, Ltd. v. Baxter Pharmaceutical Products, Inc. And Baxter Health Care Corp.Court of Appeals for the Federal Circuit · 2003
  2. Multilayer Stretch Cling Film Holdings, Inc. v. Berry Plastics Corp.Court of Appeals for the Federal Circuit · 2016
  3. Takeda Chemical Industries, Ltd. v. Mylan Laboratories, Inc.District Court, S.D. New York · 2006
  4. Lexington Luminance LLC v. Amazon.Com, Inc.District Court, D. Massachusetts · 2014
  5. Bristol-Myers Squibb Company, and Research Corporation Technologies, Inc. v. Pharmachemie B.V.Court of Appeals for the Federal Circuit · 2004

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