Legal Opinion

Application of Marcella Ferens

Court of Customs and Patent Appeals

Decided November 20, 1969No. Patent Appeal 8177PublishedCited by 6 opinions

1Opinion of the Court

BALDWIN, Judge.

This appeal is from a decision of the Patent Office Board of Appeals which affirmed the examiner’s rejections of process claims 1-7 and composition claims 8-10 1 “as failing to comply with the utility requirement of 35 U.S.C. 101” and on grounds of res judicata.

The invention relates to a method and composition said to be capable of producing “new growth of hair on denuded portions of the human body, particularly the scalp.” The details of the method and composition employed are best illustrated in Example 1 of the specification:

* * * I treated a substantially denuded male scalp…

2Cases cited6 opinions

  1. In re NovakCourt of Customs and Patent Appeals · 1962
  2. Application of Robert R. CitronCourt of Customs and Patent Appeals · 1964
  3. In Re OberwegerCourt of Customs and Patent Appeals · 1940
  4. Application of Jean Maurice GazaveCourt of Customs and Patent Appeals · 1967
  5. Application of Wesley Gale IronsCourt of Customs and Patent Appeals · 1965

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

3Cited by6 opinions

  1. Gordon Gould v. Donald J. Quigg, Commissioner of Patents and TrademarksCourt of Appeals for the Federal Circuit · 1987
  2. In Re Joyce A. CortrightCourt of Appeals for the Federal Circuit · 1999
  3. In re LangerCourt of Customs and Patent Appeals · 1974
  4. In re SichertCourt of Customs and Patent Appeals · 1977
  5. Application of George v. EltgrothCourt of Customs and Patent Appeals · 1970

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

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