Legal Opinion

Application of John P. Lambooy

Court of Customs and Patent Appeals

Decided April 13, 1962No. Patent Appeal 6712PublishedCited by 22 opinions

1Opinion of the Court

MARTIN, Judge.

This is an appeal from a decision of the Board of Appeals of the United States Patent Office which affirmed the examiner’s rejection of the only claim of appellant’s application for a patent on “Isoalloxazine Compound.”

The claim is as follows: 1

1. 6, 7-diethyl-9-(D-l'-ribityl)-iso-alloxazine, having the structural formula:

The references relied on by the examiner and the board are:

Tishler et al. 2,350,376 June 6, 1944

Flexser et al. 2,456,395 Dec. 14, 1948

British patent 628,410 Aug. 29, 1949

As the appealed claim indicates, this application relates to a single organic compound. The…

2Cases cited1 opinion

  1. Application of Jan RosickyCourt of Customs and Patent Appeals · 1960

3Cited by22 opinions

  1. Application of Viktor PapeschCourt of Customs and Patent Appeals · 1963
  2. Application of Harold G. Petering and Harry H. FallCourt of Customs and Patent Appeals · 1962
  3. Application of Heinrich Ruschig, Walter Aumüller, Gerhard Korger, Hans Wagner, Josef Scholz and Alfred BänderCourt of Customs and Patent Appeals · 1965
  4. Eli Lilly & Co. v. Premo Pharmaceutical Laboratories, Inc.Court of Appeals for the Third Circuit · 1980
  5. Eli Lilly and Company v. Premo Pharmaceutical Laboratories, Inc., Federal Pharmacal, Inc., Seymour N. Blackman, Steven Blackman, John Blackman v. Richard D. Wood, C. Harvey Bradley, Jr., Earl B. Herr, Jr., Cornelius W. Pettinga, Eugene L. Step and Arthur R. Whale, Additional on the CounterclaimCourt of Appeals for the Third Circuit · 1980

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