Legal Opinion

In re Shetty

Court of Customs and Patent Appeals

Decided November 17, 1977No. Appeal No. 77-515PublishedCited by 14 opinions

1Opinion of the Court

RICH, Judge.

This appeal is from that portion of the July 30, 1976, decision of the Patent and Trademark Office (PTO) Board of Appeals (board) rejecting claims 2-5, 51, and 52 in application serial No. 171,736, filed August 13, 1971, entitled “Anorectic Adamantane Derivatives and Method of Using Same.” The board rejected the claims under 35 U.S.C. § 103 on new grounds, as provided in 37 CFR 1.196(b), as obvious from Brake1 in view of Narayanan,2 Bernstein et al.,3 and Bernstein.4 We affirm the rejection of composition claim 52 and reverse the rejection of method claims 51 and 2-5.

The Invention

T…

2Cases cited5 opinions

  1. Application of Walter Spormann and Joachim HeinkeCourt of Customs and Patent Appeals · 1966
  2. Application of Paul E. HochCourt of Customs and Patent Appeals · 1970
  3. Application of Floyd E. NaylorCourt of Customs and Patent Appeals · 1967
  4. Application of Harold W. AdamsCourt of Customs and Patent Appeals · 1966
  5. In re TaborskyCourt of Customs and Patent Appeals · 1974

3Cited by14 opinions

  1. Par Pharmaceutical, Inc. v. Twi Pharmaceuticals, Inc.Court of Appeals for the Federal Circuit · 2014
  2. In Re Diane M. DillonCourt of Appeals for the Federal Circuit · 1990
  3. In Re Richard E. WoodruffCourt of Appeals for the Federal Circuit · 1990
  4. Rohm and Haas Co. v. Dawson Chemical Co., Inc.District Court, S.D. Texas · 1983
  5. Glaxo Wellcome, Inc. v. Pharmadyne Corp.District Court, D. Maryland · 1998

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