In re Arkley

I cannot agree with the majority that cephaloridine is not “described” in the Flynn patent in the sense of 35 USO 102(e).

It cannot be said, of course, that cephaloridine per se is exflieitly named by Flynn, but a dear implicit description is sufficient. In re Baranauckas, 43 CCPA 727, 228 F. 2d 413, 108 USPQ 226 (1955). Reference to the Flynn disclosure will establish, I submit, that such a description exists in the present instance.

The principal opinion has set forth portions of the generic and more specific disclosure of Flynn relied on by the board. The class of cepha-losporin compounds…