Legal Opinion

In re Antonie

Court of Customs and Patent Appeals

Decided August 18, 1977No. Patent Appeal No. 76-681PublishedCited by 33 opinions

1Opinion of the Court

BALDWIN, Judge.

This is an appeal from a decision of the Patent and Trademark Office (PTO) Board of Appeals (board) affirming the rejection of claims 1, 2 and 3 of an application for “Rotating Biological Contactor Apparatus”1 as obvious under 35 U.S.C. § 103 in view of El-Naggar.2 We reverse.

The Invention

Appellant claims a wastewater treatment device in which wastewater is continuously passed through a tank. Semi-immersed contactors (disks) are continuously rotated to aerate their immersed portions and thereby to aerate both microorganisms that grow on the contactors and the wastewater itself.…

Also in this document: Concurrence.

2Cases cited8 opinions

  1. In re AllerCourt of Customs and Patent Appeals · 1955
  2. Application of Arthur R. Tomlinson, Harry H. Hall and William F. GeigleCourt of Customs and Patent Appeals · 1966
  3. In re DaviesCourt of Customs and Patent Appeals · 1973
  4. In re KronigCourt of Customs and Patent Appeals · 1976
  5. In re SaetherCourt of Customs and Patent Appeals · 1974

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3Cited by33 opinions

  1. Pfizer, Inc. v. Apotex, Inc.Court of Appeals for the Federal Circuit · 2007
  2. Orthokinetics, Inc. v. Safety Travel Chairs, Inc.Court of Appeals for the Federal Circuit · 1986
  3. Robert L. Jones and Labrado, Inc. v. Alex HardyCourt of Appeals for the Federal Circuit · 1984
  4. In Re Patrick H. O'farrell, Barry A. Polisky and David H. GelfandCourt of Appeals for the Federal Circuit · 1988
  5. In Re Merck & Co., IncCourt of Appeals for the Federal Circuit · 1986

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