Legal Opinion

Application of William C. Anthony

Court of Customs and Patent Appeals

Decided September 11, 1969No. Patent Appeal 8166PublishedCited by 19 opinions

1Opinion of the Court

BALDWIN, Judge.

This appeal is from a decision of the Patent Office Board of Appeals affirming the examiner’s rejections of claims 1-12 1 “for lack of utility under 35 U.S.C. 101” and of claims 1-6, 11, and 12 as obvious under 25 U.S.C. § 103 in view of certain prior art.

The invention relates to particular chemical compounds, the d- and 1- isomers of a-ethyltryptamine (hereafter denoted by its generic name, etrypta-mine) ; therapeutic compositions containing certain amounts of one of the two pure isomers or their racemic mixture in combination with a pharmaceutical carrier; and methods of…

Also in this document: Dissent.

2Cases cited34 opinions

  1. Dolbear v. American Bell Telephone CompanySupreme Court of the United States · 1888
  2. Brenner v. MansonSupreme Court of the United States · 1966
  3. Hildreth v. MastorasSupreme Court of the United States · 1921
  4. Application of Rudolf WiechertCourt of Customs and Patent Appeals · 1967
  5. Mitchell v. TilghmanSupreme Court of the United States · 1874

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3Cited by19 opinions

  1. E. I. Du Pont De Nemours & Company v. Berkley and Company, Inc., E. I. Du Pont De Nemours & Company v. Berkley and Company, Inc.Court of Appeals for the Eighth Circuit · 1980
  2. SCM Corp. v. Xerox Corp.Court of Appeals for the Second Circuit · 1981
  3. F. Brantley Scott and John H. Burton v. Roy P. FinneyCourt of Appeals for the Federal Circuit · 1994
  4. Spectrum Pharmaceuticals, Inc. v. Sandoz Inc.Court of Appeals for the Federal Circuit · 2015
  5. Steinberg v. SeitzCourt of Customs and Patent Appeals · 1975

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

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