Legal Opinion

In re Payne

Court of Customs and Patent Appeals

Decided September 13, 1979No. Patent Appeal No. 77-522PublishedCited by 35 opinions

1Opinion of the Court

MARKEY, Chief Judge.

Payne et a 1. (Payne) appeal from the decision of the Patent and Trademark Office (PTO) Board of Appeals (board) sustaining the rejection under 35 U.S.C. § 103 of claims 1-12 of application serial No. 254,-271, filed May 17,1972, for “Pesticidal Compositions.” We affirm.

The Invention

Payne invented five, six, and seven member heterocyclic carbamoyloximino compounds having pesticidal activity. The claims on appeal are:

1. As new compositions of matter compounds having the structural formula:

wherein:

R1 is hydrogen or alkyl having from 1 to 4 carbon atoms;

R2 is hydrogen, lower…

2Cases cited24 opinions

  1. Application of Eric D. BrownCourt of Customs and Patent Appeals · 1964
  2. In re MayCourt of Customs and Patent Appeals · 1978
  3. In re SamourCourt of Customs and Patent Appeals · 1978
  4. Application of Paul E. HochCourt of Customs and Patent Appeals · 1970
  5. In re MurchCourt of Customs and Patent Appeals · 1972

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

3Cited by35 opinions

  1. Procter & Gamble Co. v. Teva Pharmaceuticals USA, Inc.Court of Appeals for the Federal Circuit · 2009
  2. Beckman Instruments, Inc. v. LKB Produkter ABCourt of Appeals for the Federal Circuit · 1989
  3. Eli Lilly & Co. v. Zenith Goldline Pharmaceuticals, Inc.Court of Appeals for the Federal Circuit · 2006
  4. In Re Diane M. DillonCourt of Appeals for the Federal Circuit · 1990
  5. In Re Merck & Co., IncCourt of Appeals for the Federal Circuit · 1986

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

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