Legal Opinion

Application of Heinrich Ruschig, Walter Aumuller, Gerhard Korger, Hans Wagner, Josef Scholz and Alfred Bander

Court of Customs and Patent Appeals

Decided June 22, 1967No. Patent Appeal 8071PublishedCited by 100 opinions

1Opinion of the Court

RICH, Judge.

This appeal is from the decision of the Patent Office Board of Appeals affirming the rejection of claim 13 of application serial No. 601,107, filed July 31, 1956, for “New Benzene Sulfonyl Ureas and Process for Their Preparation” Apparently The Upjohn Company has been prosecuting the application.

This case is a sequel to our decision in In re Ruschig, 343 F.2d 965, 52 CCPA 1238, decided April 22, 1965. There we reversed a rejection of twelve claims of this same application based on prior art. The claim on appeal is one of those claims. It reads:

13. N-(p-chlorobenzenesulfonyl)…

2Cases cited8 opinions

  1. Application of Harold G. Petering and Harry H. FallCourt of Customs and Patent Appeals · 1962
  2. Application of Heinrich Ruschig, Walter Aumüller, Gerhard Korger, Hans Wagner, Josef Scholz and Alfred BänderCourt of Customs and Patent Appeals · 1965
  3. Application of Milton E. HerrCourt of Customs and Patent Appeals · 1967
  4. Application of Josef FriedCourt of Customs and Patent Appeals · 1963
  5. In Re EllisCourt of Customs and Patent Appeals · 1936

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3Cited by100 opinions

  1. Ariad Pharmaceuticals, Inc. v. Eli Lilly and Co.Court of Appeals for the Federal Circuit · 2010
  2. Vas-Cath Incorporated and Gambro, Inc. v. Sakharam D. Mahurkar, and Quinton Instruments CompanyCourt of Appeals for the Federal Circuit · 1991
  3. Baldwin Graphic Systems, Inc. v. Siebert, Inc.Court of Appeals for the Federal Circuit · 2008
  4. University of Rochester v. G.D. Searle & Co., Inc., Monsanto Company, Pharmacia Corporation, and Pfizer Inc.Court of Appeals for the Federal Circuit · 2004
  5. Moba, B v. Staalkat, B v. and Fps Food Processing Systems, Inc., Plaintiffs-Cross v. Diamond Automation, Inc.Court of Appeals for the Federal Circuit · 2003

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