Legal Opinion
In Re Nancy G. Mayne, Rama Belagaje, Paul J. Burnett and Hansen M. Hsiung
Court of Appeals for the Federal Circuit
Decided January 17, 1997No. 95-1522PublishedCited by 29 opinions
1Opinion of the Court
RADER, Circuit Judge.
The Patent and Trademark Office Board of Patent Appeals and Interferences (Board) affirmed the rejection of claims 30 and 31 of patent application 07/686,016 as obvious under 35 U.S.C. § 103 (1994). The Board also rejected applicants’ attempt to rebut the prima facie case of obviousness with evidence of unexpected properties. Because the applicants merely substituted one element known in the art for a known equivalent, this court affirms.
Background
The patent application at issue in this case relates to the field of protein engineering. Initially, biotechnology was used to…
2Cases cited17 opinions
- Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
- Stratoflex, Inc. v. Aeroquip CorporationCourt of Appeals for the Federal Circuit · 1983
- Miles Laboratories, Inc. And Triangle Biomedical Equipment, Inc., Plaintiffs/cross-Appellants v. Shandon Inc. And Shandon Southern Products LimitedCourt of Appeals for the Federal Circuit · 1993
- In Re Patrick H. O'farrell, Barry A. Polisky and David H. GelfandCourt of Appeals for the Federal Circuit · 1988
- Application of Viktor PapeschCourt of Customs and Patent Appeals · 1963
12 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Procter & Gamble Co. v. Teva Pharmaceuticals USA, Inc.Court of Appeals for the Federal Circuit · 2009
- In Re Denis Rouffet, Yannick Tanguy and Frederic BerthaultCourt of Appeals for the Federal Circuit · 1998
- In Re Lance G. Peterson and Ioannis VasatisCourt of Appeals for the Federal Circuit · 2003
- In Re MouttetCourt of Appeals for the Federal Circuit · 2012
- In re ZurkoCourt of Appeals for the Federal Circuit · 1998
24 more not listed; retrieve them via the Exa API.