Legal Opinion

In re Koller

Court of Customs and Patent Appeals

Decided January 24, 1980No. Appeal No. 79-589PublishedCited by 20 opinions

1Opinion of the Court

BALDWIN, Judge.

This is an appeal from the decision of the United States Patent and Trademark Office (PTO) Board of Appeals (board) affirming the rejection of claims 1-3 and 5 — 14 in appellants’ application serial No. 582,774, filed June 2, 1975, entitled “Method of Isomerizing Humulone to Isohumulone by Catalytic Acceleration with Metal Salts.”1 The claims are rejected as anticipated under 35 U.S.C. § 102. We reverse.

The Invention

Appellants claim a method for producing isohumulone from humulone. Isohumulone is a chemical said to be useful as a tuberculosis retardant. It is also the essential…

2Cases cited15 opinions

  1. Application of Charles D. Prater and James WeiCourt of Customs and Patent Appeals · 1969
  2. Application of Joseph D. FisherCourt of Customs and Patent Appeals · 1970
  3. In re HoganCourt of Customs and Patent Appeals · 1977
  4. Application of Alfred Marzocchi and Richard C. HortonCourt of Customs and Patent Appeals · 1971
  5. Application of Charles T. FuettererCourt of Customs and Patent Appeals · 1963

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3Cited by20 opinions

  1. Amgen Inc., Plaintiff-Cross v. Hoechst Marion Roussel, Inc. (Now Known as Aventis Pharmaceuticals, Inc.) and Transkaryotic Therapies, Inc.Court of Appeals for the Federal Circuit · 2003
  2. Enzo Biochem, Inc. v. Gen-Probe Inc.Court of Appeals for the Federal Circuit · 2002
  3. Velander v. GarnerCourt of Appeals for the Federal Circuit · 2003
  4. Amgen Inc. v. Sanofi, Aventisub LLCCourt of Appeals for the Federal Circuit · 2017
  5. Amgen, Inc. v. Hoechst Marion Roussel, Inc.District Court, D. Massachusetts · 2001

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