Application of Alexander R. Surrey

The statutory commands of 35 U.S.C. § 112 each refer to “the invention” for which a patent is sought. Here the persistent failure to determine and articulate “the invention” which is in issue, as expressly required by section 112, has compounded the confusion for the court. Appealed claim 17 is directed to “a compound” having a formula which by reason of its statement in Markush form actually encompasses what the solicitor’s brief refers to as “a number of compounds of diverse structure running into six or seven figures.” However, “the invention” with which we are here concerned may be…