Legal Opinion

Application of Edward N. Walsh and Herbert H. Royse

Court of Customs and Patent Appeals

Decided April 30, 1970No. Patent Appeal 8272PublishedCited by 2 opinions

1Opinion of the Court

RICH, Acting Chief Judge.

This appeal is from the decision of the Patent Office Board of Appeals affirming the rejection of claim 1 of application serial No. 328,463, filed December 6, anophenyl Ester Derivatives of Phos-1963, entitled “Methoxy-Substituted Cy- phorus Acids.” Four specific claims are allowed. We reverse.

The single claim on appeal, a compound claim directed to a genus of meth-oxy-cyanophenyl ester derivatives of various phosphorus-containing acids, reads as follows:

1. A compound having the formula:

where R and R' are members selected from the group consisting of lower alkyl,…

2Cases cited2 opinions

  1. Application of Robert L. ClarkeCourt of Customs and Patent Appeals · 1966
  2. Application of William C. Rainer, Joseph H. Hitov, Edward M. Redding, Arthur W. Sloan and William D. StewartCourt of Customs and Patent Appeals · 1968

3Cited by2 opinions

  1. In re MantellCourt of Customs and Patent Appeals · 1972
  2. Plexxikon Inc. v. Novartis Pharmaceuticals CorporationDistrict Court, N.D. California · 2021

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