Legal Opinion

In re Gaertner

Court of Customs and Patent Appeals

Decided August 2, 1979No. Appeal No. 79-528PublishedCited by 4 opinions

1Opinion of the Court

MARKEY, Chief Judge.

The Patent and Trademark Office (PTO) Board of Appeals (board) affirmed the rejection under 35 U.S.C. § 185 of application No. 599,574 filed July 28, 1975, and entitled “Oxazolidinone Phosphonates.” We affirm.

Background

On June 17, 1974, Gaertner filed application No. 479,932 (parent) directed to a class of herbicidal compounds having the formula:

wherein R and R1 are each selected from alkyl of 1 to 6 carbon atoms, alkenyl of 3 to 4 carbon atoms, and the mono-chloroderivatives of such alkyl and alkenyl. As disclosed in the application, the compounds are generally prepared…

2Cases cited7 opinions

  1. Zenith Radio Corp. v. United StatesSupreme Court of the United States · 1978
  2. Beckman Instruments, Inc. And Harold A. Frediani v. Coleman Instruments, Inc.Court of Appeals for the Seventh Circuit · 1964
  3. Application of Marriott-Hot Shoppes, Inc. (Now by Change of Name, Marriott Corporation)Court of Customs and Patent Appeals · 1969
  4. Blake v. Bassick CompanyDistrict Court, N.D. Illinois · 1965
  5. Union Carbide Corporation v. Microtron CorporationDistrict Court, W.D. North Carolina · 1966

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

3Cited by4 opinions

  1. Transitron Electronic Corporation v. Hughes Aircraft Company, Transitron Electronic Corporation v. Hughes Aircraft CompanyCourt of Appeals for the First Circuit · 1981
  2. Stauffer Chemical Co. v. Monsanto Co.District Court, E.D. Missouri · 1985
  3. Twin Disc, Inc. v. United StatesUnited States Court of Claims · 1986
  4. KNAUF INSULATION, LLC v. JOHNS MANVILLE CORPORATIONDistrict Court, S.D. Indiana · 2024

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