Legal Opinion

Application of Franz Ackermann

Court of Customs and Patent Appeals

Decided July 8, 1971No. Patent Appeal 8518PublishedCited by 9 opinions

1Opinion of the Court

BALDWIN, Judge.

This appeal is from the decision of the Patent Office Board of Appeals, adhered to on reconsideration, sustaining the rejection of the single claim in appellants’ application 1 as unpatentable in view of the prior art under 35 U.S.C. § 103 and on the ground of res judicata.

THE INVENTION

The sole claim on appeal is as follows:

1. A crystalline product of manufacture consisting of pure a :(3 — di—[5— methyl-benzoxazolyl-(2)] - ethylene, said product existing in the form of fine yellowish needles, and melting at 183 to 184° C, showing in ethanol solution extinction maxima at the…

2Cases cited3 opinions

  1. Application of Milton E. HerrCourt of Customs and Patent Appeals · 1967
  2. Application of Dwin R. Craig and John N. StreetCourt of Customs and Patent Appeals · 1969
  3. Application of Frank Peter Doyle, John Herbert Charles Nayler and George Newbolt RolinsonCourt of Customs and Patent Appeals · 1964

3Cited by9 opinions

  1. In Re John A. DonohueCourt of Appeals for the Federal Circuit · 1985
  2. Eli Lilly & Co. v. Premo Pharmaceutical Laboratories, Inc.Court of Appeals for the Third Circuit · 1980
  3. Eli Lilly and Company v. Premo Pharmaceutical Laboratories, Inc., Federal Pharmacal, Inc., Seymour N. Blackman, Steven Blackman, John Blackman v. Richard D. Wood, C. Harvey Bradley, Jr., Earl B. Herr, Jr., Cornelius W. Pettinga, Eugene L. Step and Arthur R. Whale, Additional on the CounterclaimCourt of Appeals for the Third Circuit · 1980
  4. In Re John P. ChuppCourt of Appeals for the Federal Circuit · 1987
  5. In re LancerCourt of Customs and Patent Appeals · 1972

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