Legal Opinion

In re Baxter

Court of Customs and Patent Appeals

Decided July 30, 1981No. Appeal No. 80-574PublishedCited by 20 opinions

1Opinion of the Court

MILLER, Judge.

This is an appeal from the decision of the Patent and Trademark Office (“PTO”) Board of Appeals (“board”) sustaining the examiner’s rejections of: claims 1 and 6 under 35 U.S.C. § 103 as obvious from either Hogan et al. (“Hogan”),1 Field ’647,2 or Field ’452; 3 claim 1 under 35 U.S.C. § 132 for containing new matter; and claims 7 and 8 on the ground of interference estop-pel. We affirm in part and reverse in part.

BACKGROUND

Subject Matter of the Application

The appealed claims relate to interpolym-ers of ethylene and propylene formed by the use of catalysts formed by mixing…

Also in this document: Dissent.

2Cases cited15 opinions

  1. Memphis Light, Gas & Water Division v. CraftSupreme Court of the United States · 1978
  2. In re RasmussenCourt of Customs and Patent Appeals · 1981
  3. Fontijn v. OkamotoCourt of Customs and Patent Appeals · 1975
  4. Avery v. ChaseCourt of Customs and Patent Appeals · 1939
  5. In re BrownCourt of Customs and Patent Appeals · 1972

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3Cited by20 opinions

  1. Moleculon Research Corporation v. Cbs, Inc.Court of Appeals for the Federal Circuit · 1986
  2. In Re Cuozzo Speed Technologies, LLCCourt of Appeals for the Federal Circuit · 2015
  3. Georgia-Pacific Corporation, Plaintiff-Cross v. United States Gypsum Company and L&w Supply CorporationCourt of Appeals for the Federal Circuit · 1999
  4. Genentech, Inc. v. Chiron CorporationCourt of Appeals for the Federal Circuit · 1997
  5. Peter J. Degeorge v. Donald R. BernierCourt of Appeals for the Federal Circuit · 1985

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