In Re Diane M. Dillon

NEWMAN, Circuit Judge,

with whom COWEN, Senior Circuit Judge, and MAYER, Circuit Judge, join, dissenting.

The court today resolves certain disparities in the extensive body of precedent on the question of obviousness of new chemical compounds and compositions. However, these disparities are resolved in a way that is contrary to the weight and direction of this precedent, as embodied in over three decades of decision. The court departs from its considered development of the law governing patentability of new chemical compounds and compositions, and reinstates a rule of “structural obviousness”.…