Legal Opinion · Dissent

Application of Francis N. Apel, Louis B. Conte and Howard L. Bender

Court of Customs and Patent Appeals

Decided March 18, 1965No. Patent Appeal 7245Published

1DissentMartin, Judge

In the related case, In re Farnham, (PA 7244), 342 F.2d 455, 52 CCPA -, we held that:

“ * * * It seems to us that a person of ordinary skill in this art should be charged with the knowledge of the references as to the availability and use of ion exchange resins in catalyzing chemical reactions and that, as stated by the board:
“ * * * Although the specific reaction claimed is not disclosed by these secondary references, we see no reason to believe it would not be operative when catalyzed with an acidic resin instead of free acid. Obviousness under 35 U.S.C. 103 does not require absolute…

2Cases cited2 opinions

  1. Application of Douglas H. MoretonCourt of Customs and Patent Appeals · 1961
  2. Application of Alford G. Farnham, Francis N. Apel and Howard L. BenderCourt of Customs and Patent Appeals · 1965

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