In Re Raymond C. Grabiak
Court of Appeals for the Federal Circuit
1Opinion of the Court
PAULINE NEWMAN, Circuit Judge.
Raymond C. Grabiak et al. appeal from the decision of the Patent and Trademark Office Board of Appeals sustaining the rejection of claims 1 through 34, all of the claims of patent application Serial No. 168,-959, filed July 17, 1980 for “2-Chloro-4-Trifluoromethyl Thiazolecarbothioic Acids Useful As Herbicidal Safeners”, as unpatentable under 35 U.S.C. § 103. We conclude that the PTO has not presented a prima facie case of unpatentability, and on this basis we reverse the decision of the Board.
The Invention
The claimed invention relates to a class of chemical…
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