In Re Nathan N. Crounse

The sole claim on appeal 1 is to “the water-insoluble dyestuff having the structural formula

The issue here is whether that monoazo dyestuff is obvious, 35 USC 103, in view of a patent to Fischer, 2,006,211, issued June 25, 1935, that discloses both a generic class of monoazo dyestuffs inclusive of the claimed compound, and, more specifically, a compound which is a position isomer of the claimed compound:

Comparing the reference with the appealed compound, it will be noted that in the ring at the upper right, Fischer’s amide (-CONH¡¡) group is attached at the meta, or 3-, position, whereas…