Legal Opinion
Application of Sune Bergstrom and Jan Sjovall
Court of Customs and Patent Appeals
Decided July 16, 1970No. Patent Appeal 8256PublishedCited by 21 opinions
1Opinion of the Court
ALMOND, Judge.
This appeal is from the decision of the Patent Office Board of Appeals affirming the examiner’s rejection of claims 23 and 53 in appellants’ application 1 for “PGE Type Compounds” “as lacking in novelty under 35 U.S.C. 101.”
The invention relates to two chemical compounds, as reflected in the claims:
23. 7-[3-hydroxy-2(3-hydroxy-l-oetenyl) -5-oxoeyelopentyl] -5-hep tenoic acid, said acid being sufficiently pure to give a substantially ideal curve on partition chromatography using an ethylene chloride:heptane:acetic acid: water (15:15:6:4) solvent system.
53. A composition of matter…
2Cases cited12 opinions
- Funk Bros. Seed Co. v. Kalo Inoculant Co.Supreme Court of the United States · 1948
- Application of Edwin H. Land and Howard G. RogersCourt of Customs and Patent Appeals · 1966
- Application of Frederick C. FosterCourt of Customs and Patent Appeals · 1965
- Application of Hans Hilmer, Gerhard Korger, Rudi Weyer and Walter AumullerCourt of Customs and Patent Appeals · 1966
- Application of Kenneth B. CoferCourt of Customs and Patent Appeals · 1966
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3Cited by21 opinions
- Scripps Clinic & Research Foundation v. Genentech, Inc.Court of Appeals for the Federal Circuit · 1991
- In re BergyCourt of Customs and Patent Appeals · 1979
- Schering Corp. v. Geneva Pharmaceuticals, Inc.Court of Appeals for the Federal Circuit · 2003
- Association for Molecular Pathology v. United States Patent & Trademark OfficeCourt of Appeals for the Federal Circuit · 2012
- Anne D. Nickola v. Kenneth Peterson, D/B/A Kaydee Products CompanyCourt of Appeals for the Sixth Circuit · 1978
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