Legal Opinion

In re Mancy

Court of Customs and Patent Appeals

Decided June 27, 1974No. Patent Appeal No. 74-507PublishedCited by 6 opinions

1Opinion of the Court

RICH, Judge.

This appeal is from the decision of the Patent Office Board of Appeals affirming the rejection of claims 1-5 of appellants’ application serial No. 877,511, filed November 17, 1969, for a “Process for the Preparation of Daunorubicin.” We reverse.

The Invention

Appellants claim a process for producing the antibiotic daunorubicin by aerobically cultivating the microorganism Streptomyces bifurcus, strain DS 23,219 (NRRL 3539). This strain is new to the art in that it is not shown by any of the references and was found in and isolated by appellants from a soil sample taken from the…

2Cases cited7 opinions

  1. Application of Aubrey A. LarsenCourt of Customs and Patent Appeals · 1961
  2. Application of Alexander D. Argoudelis, Clarence De Boer, Thomas E. Eble and Ross R. HerrCourt of Customs and Patent Appeals · 1970
  3. In re KuehlCourt of Customs and Patent Appeals · 1973
  4. In re WadlingerCourt of Customs and Patent Appeals · 1974
  5. Application of Jerome J. KanterCourt of Customs and Patent Appeals · 1968

2 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. In re BergyCourt of Customs and Patent Appeals · 1979
  2. In re HiraoCourt of Customs and Patent Appeals · 1976
  3. In Re Michihiko Ochiai, Taiiti Okada, Osami Aki, Akira Morimoto, Kenji Kawakita, and Yoshihiro MatsushitaCourt of Appeals for the Federal Circuit · 1995
  4. In re BergyCourt of Customs and Patent Appeals · 1977
  5. Atlas Powder Co. v. E.I. Du Pont De Nemours & Co.District Court, N.D. Texas · 1983

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