Legal Opinion

Application of Jean Maurice Gazave

Court of Customs and Patent Appeals

Decided June 22, 1967No. Patent Appeal 7684PublishedCited by 5 opinions

1Opinion of the Court

WORLEY, Chief Judge.

This appeal is from the decision of the Board of Appeals affirming the examiner’s rejection of process claims 1-9 and composition claims 10-13 1 for “lack of proof of therapeutic utility.”

The application discloses therapeutic compositions containing certain isofla-vone compounds of the formula where

R1 may be a hydroxyl (-OH) or an alkoxy group; R2 may be hydrogen or hydroxyl; R3 may represent hydrogen, or a carboxyl radical (-COOH) which may be free, esterified or in salt form.

As to the manner in which those compounds are useful, the specification states:

* * * The chief…

2Cases cited17 opinions

  1. Application of Carl Peter KrimmelCourt of Customs and Patent Appeals · 1961
  2. In re ChilowskyCourt of Customs and Patent Appeals · 1956
  3. In re NovakCourt of Customs and Patent Appeals · 1962
  4. Smith v. BousquetCourt of Customs and Patent Appeals · 1940
  5. Application of Robert R. CitronCourt of Customs and Patent Appeals · 1964

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

3Cited by5 opinions

  1. In re JollesCourt of Customs and Patent Appeals · 1980
  2. Application of Walter E. ButingCourt of Customs and Patent Appeals · 1969
  3. In re SichertCourt of Customs and Patent Appeals · 1977
  4. Application of Paul D. HarwoodCourt of Customs and Patent Appeals · 1968
  5. Application of Marcella FerensCourt of Customs and Patent Appeals · 1969

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