In re Isler

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 Nos. 1, 2, 21, and 22 in appellant’s application for a patent for an alleged invention relating to “esters of dl toco-pherols which are racemic at the carbon atom in position 2 of the chromane ring.”

Owing to the issues presented,- it is unnecessary that we here quote any of the claims on appeal. It is sufficient to say that claim.' 1 is a generic claim, and that claims 2, 21, and 22 are species claims.

Claims 21 and 22 were rejected by…