Legal Opinion

Application of Josef Fried and Josef E. Herz

Court of Customs and Patent Appeals

Decided March 26, 1964No. Patent Appeal 7065PublishedCited by 6 opinions

1Opinion of the Court

WORLEY, Chief Judge.

Fried and Herz appeal from the Board of Appeals’ affirmance of the examiner’s rejection of claims 6, 20 and 21, the remaining claims of their application. 1

The invention relates to steroids of the pregnene series. The claims in dispute are directed to unsaturated preg-nene steroids having a 9,11 epoxy group and an alkylsulfonoxy or iodo group in the 21 position.

Claim 6 reads:

“6. 21-Iodo- Δ 4-pregnene-9β, 11β-oxido-17a-ol-3,20-dione.”

The steroids being claimed may be depicted by the structural formula:

wherein Y is lower alkylsulfonoxy and iodo, Z is hydrogen and alpha…

2Cases cited3 opinions

  1. Application of Thomas L. Jacobs and Ronald S. BauerCourt of Customs and Patent Appeals · 1963
  2. Bullard Co. v. CoeCourt of Appeals for the D.C. Circuit · 1945
  3. In re SpenceCourt of Customs and Patent Appeals · 1958

3Cited by6 opinions

  1. Application of Frantz Lund and Wagn Ole GodtfredsenCourt of Customs and Patent Appeals · 1967
  2. Application of William A. SheppardCourt of Customs and Patent Appeals · 1964
  3. General Electric Company v. Edward J. Brenner, Commissioner of PatentsCourt of Appeals for the D.C. Circuit · 1968
  4. In re HerbertCourt of Customs and Patent Appeals · 1972
  5. Dart Industries, Inc., a Corporation of the State of Delaware v. Donald W. Banner, Commissioner of Patents and TrademarksCourt of Appeals for the D.C. Circuit · 1980

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