Legal Opinion

In re Merat

Court of Customs and Patent Appeals

Decided August 7, 1975No. Patent Appeal No. 74-588PublishedCited by 4 opinions

1Opinion of the Court

RICH, Judge:

This appeal is from the decision of the Patent and Trademark Office (PTO) Board of Appeals affirming the final rejection of claims 1-4, all the claims in application serial No. 812,417, filed April 1, 1969, entitled “Method of Improving Strains of Chickens.”1 The examiner rejected the claims solely under 35 U.S.C. § 101 as directed to non-statutory subject matter. The board affirmed this rejection and entered two new rejections of the claims under 35 U.S.C. §§ 103 and 112, second paragraph. We affirm on the § 112 rejection.

Background

One of the goals of commercial poultry…

2Cases cited5 opinions

  1. Application of Robert E. Moore and Edward J. JanoskiCourt of Customs and Patent Appeals · 1971
  2. Application of Alexander D. Argoudelis, Clarence De Boer, Thomas E. Eble and Ross R. HerrCourt of Customs and Patent Appeals · 1970
  3. Application of Charles C. CohnCourt of Customs and Patent Appeals · 1971
  4. Application of Calvin M. HammackCourt of Customs and Patent Appeals · 1970
  5. Feldman v. AunstrupCourt of Customs and Patent Appeals · 1975

3Cited by4 opinions

  1. In re JohnsonCourt of Customs and Patent Appeals · 1977
  2. In re BergyCourt of Customs and Patent Appeals · 1977
  3. Exxon Research & Engineering Co. v. United StatesUnited States Court of Federal Claims · 2000
  4. Omega Engineering, Inc. v. Cole-Parmer Instrument Co.District Court, D. Connecticut · 2002

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