Legal Opinion

Application of Moore

Court of Customs and Patent Appeals

Decided May 7, 1946No. Patent Appeal 5139PublishedCited by 9 opinions

1Opinion of the Court

HATFIELD, Associate Judge.

This is an appeal from the decision of the Board of Appeals of the United States Patent Office affirming the decision of the Primary Examiner rejecting claims 2, 3, 4, and 5 in appellant’s application for a patent for an alleged invention relating to “fumigants” for the killing of insects by exposing them to “mono substituted halogen acetonitrile.”

Claims 2 and 3 were rejected on the prior art, and as being broader than the disclosure in appellant’s application. Claims 4 and 5 were rejected as being drawn to non-elected species and, therefore need not be considered on…

2Cases cited2 opinions

  1. In Re HortonCourt of Customs and Patent Appeals · 1932
  2. In re ThompsonCourt of Customs and Patent Appeals · 1943

3Cited by9 opinions

  1. Ariad Pharmaceuticals, Inc. v. Eli Lilly and Co.Court of Appeals for the Federal Circuit · 2010
  2. University of Rochester v. G.D. Searle & Co., Inc., Monsanto Company, Pharmacia Corporation, and Pfizer Inc.Court of Appeals for the Federal Circuit · 2004
  3. Application of Oskar Sus and Werner SchaeferCourt of Customs and Patent Appeals · 1962
  4. Application of Chester John Cavallito and Allan Poe GrayCourt of Customs and Patent Appeals · 1962
  5. Keyes Fibre Co. v. Chaplin Corp.District Court, D. Maine · 1951

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API