Legal Opinion

Application of Phil H. Hidy and William F. Phillips

Court of Customs and Patent Appeals

Decided June 8, 1962No. Patent Appeal 6773PublishedCited by 3 opinions

1Opinion of the Court

SMITH, Judge.

Cycloserine, a water-soluble antibiotic is produced by bacterial cultivation on a nutrient medium. It is “amphoteric,” by which is meant “a substance having both acid and basic properties.” Haekh’s Chemical Dictionary (3rd Ed.) Such a substance may act either as a weak acid or a weak base.

Appealed claims 2, 5, 6, 7 and 8 of appellants’ application Ser. No. 487,704, filed Feb. 11, 1955, relate to the “Recovery of Cycloserine” from aqueous solutions. Claim 2 is representative of the appealed claims and reads as follows:

“A process for the recovery of cycloserine from an aqueous…

2Cases cited2 opinions

  1. Matter of the Application of Walter D. Teague, JrCourt of Customs and Patent Appeals · 1958
  2. In re WagenhorstCourt of Customs and Patent Appeals · 1933

3Cited by3 opinions

  1. In re EickmeyerCourt of Customs and Patent Appeals · 1979
  2. In re ClarkCourt of Customs and Patent Appeals · 1972
  3. Austin Powder Co. v. Atlas Powder Co.District Court, D. Delaware · 1983

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