Legal Opinion

Pro-Col Corporation v. Commissioner of Patents

Court of Appeals for the D.C. Circuit

Decided November 25, 1970No. 23767_1PublishedCited by 8 opinions

1Per curiam

Here we are once again asked to overturn a determination by the Patent Office that an alleged invention “would have been obvious at the time [it] was made to a person having ordinary skill in the art * * *” 35 U.S.C. § 103 (1954).

Appellants seek to patent a free-flowing brown sugar having a moisture content in excess of two per cent 1 and containing from three to twelve per cent of finely divided cellulose. (J.A. 95.) A patent is also sought for the brown sugar product described above with a fatty flavoring material added. {Id.) Although the Patent Office granted appellants patents for their…

2Cases cited5 opinions

  1. Mississippi Valley Barge Line Co. v. United StatesSupreme Court of the United States · 1934
  2. Abbott v. CoeCourt of Appeals for the D.C. Circuit · 1939
  3. Esso Standard Oil Company v. Sun Oil CompanyCourt of Appeals for the D.C. Circuit · 1956
  4. Zenith Radio Corporation v. David L. Ladd, Commissioner of PatentsCourt of Appeals for the D.C. Circuit · 1962
  5. Edwid E. Hays and Wallace & Tiernan, Inc. v. Edward J. Brenner, Commissioner of PatentsCourt of Appeals for the D.C. Circuit · 1966

3Cited by8 opinions

  1. John F. Cody v. Aktiebolaget FlymoCourt of Appeals for the D.C. Circuit · 1972
  2. Vernon K. Charvat v. Commissioner of PatentsCourt of Appeals for the D.C. Circuit · 1974
  3. Titanium Metals Corp. v. MossinghoffDistrict Court, District of Columbia · 1984
  4. Fregeau v. MossinghoffDistrict Court, District of Columbia · 1984
  5. Carl Schenck, A.G. v. Nortron Corp.District Court, M.D. Tennessee · 1982

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