Legal Opinion
In re Bergy
Court of Customs and Patent Appeals
Decided October 6, 1977No. Patent Appeal No. 76-712PublishedCited by 6 opinions
1Opinion of the Court
RICH, Judge.
This appeal is from the majority decision of the divided Board of Appeals (board) of the United States Patent and Trademark Office (PTO) affirming the rejection of claim 5 of application serial No. 477,766, filed June 10, 1974. We reverse.
The Invention
The subject of the application, which, when filed, had the noncommittal title “Process,” is made clear from the Abstract of the Disclosure, which reads:
Microbiological process for preparing the antibiotic lincomycin at temperatures ranging from 18° C. to 45° C. using the newly discovered microorganism Strepto-myces vellosus. The…
2Cases cited17 opinions
- Cochrane v. DeenerSupreme Court of the United States · 1877
- Funk Bros. Seed Co. v. Kalo Inoculant Co.Supreme Court of the United States · 1948
- Risdon Iron & Locomotive Works v. MedartSupreme Court of the United States · 1895
- Parke-Davis & Co. v. H. K. Mulford Co.U.S. Circuit Court for the District of Southern New York · 1911
- City of Milwaukee v. Activated Sludge, Inc.Court of Appeals for the Seventh Circuit · 1934
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3Cited by6 opinions
- Diamond v. ChakrabartySupreme Court of the United States · 1980
- In re BergyCourt of Customs and Patent Appeals · 1979
- In re ChakrabartyCourt of Customs and Patent Appeals · 1978
- Diamond v. ChakrabartySupreme Court of the United States · 1980
- In re BergyCourt of Customs and Patent Appeals · 1979
1 more not listed; retrieve them via the Exa API.