Legal Opinion

Application of John Nicholson Gardner, Anthony Maitland Roe and George Lawrence Willey

Court of Customs and Patent Appeals

Decided June 25, 1970No. Patent Appeal 8311PublishedCited by 18 opinions

1Opinion of the Court

RICH, Acting Chief Judge.

This appeal is from the decision of the Patent Office Board of Appeals, adhered to on reconsideration, affirming the rejection of claims 1-5, all claims of application serial No. 369,591, filed May 22, 1964, for “Antidepressant Compositions and Methods of Producing Antidepressant Activity.”

The Invention

Claims 1 and 2 are directed to pharmaceutical compositions “having antidepressant activity” and claims 3-5 are directed to a “method of producing antidepressant activity which comprises internally administering” certain compounds. No claim makes any mention of the…

2Cases cited2 opinions

  1. Application of Frank E. HalleckCourt of Customs and Patent Appeals · 1970
  2. Application of Marion J. CaldwellCourt of Customs and Patent Appeals · 1963

3Cited by18 opinions

  1. Smithkline Beecham Corp. v. Apotex Corp.Court of Appeals for the Federal Circuit · 2005
  2. Ultimax Cement Manufacturing Corp. v. CTS Cement Manufacturing Corp.Court of Appeals for the Federal Circuit · 2009
  3. Application of Janis RobinsCourt of Customs and Patent Appeals · 1970
  4. In re ArmbrusterCourt of Customs and Patent Appeals · 1975
  5. Peter E. Cross v. Kinji IizukaCourt of Appeals for the Federal Circuit · 1985

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