Legal Opinion · Dissent

In re Smith

Court of Customs and Patent Appeals

Decided March 12, 1945No. 4979Published

1DissentGarrett, Presiding Judge

The rejection of the single claim here involved by the respective tribunals of the Patent Office was predicated solely upon the Richardson et al. article, from which the majority quotes all matter that seems in anywise pertinent here.

I have been unable to divest myself of the impression that the Richardson et al. article, fairly construed, teaches those skilled in the art (to say nothing of the unskilled), that substantially pure gamma, gamma-dipyridyl has no practical value as an insecticide, even though it may have been found to possess some slight toxic qualities. I note particularly the…

2Cases cited1 opinion

  1. In re ColinCourt of Customs and Patent Appeals · 1941

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