Legal Opinion

Application of Simon L. Ruskin

Court of Customs and Patent Appeals

Decided March 10, 1966No. Patent Appeal 7451PublishedCited by 8 opinions

1Opinion of the Court

ALMOND, Judge.

Simon L. Ruskin appeals from the decision of the Board of Appeals affirming the rejection of claims 13-17 of appellant’s application1 for “Fossil Fuels.” No claims have been allowed. The sole rejection is lack of utility under 35 U.S.C. § 101 because of inoperativeness.

The subject matter here claimed is a method for increasing the energy release of fossil fuels such as coal and petroleum upon combustion.

Claim 13, which is sufficient for purposes of this opinion, reads as follows:

The process of treating a fossil fuel to increase its energy release on subsequent combustion…

2Cases cited1 opinion

  1. Application of John A. Nelson and Anthony C. ShabicaCourt of Customs and Patent Appeals · 1960

3Cited by8 opinions

  1. Envirotech Corporation v. Al George, Incorporated and Monosep, Inc.Court of Appeals for the Federal Circuit · 1984
  2. Ritter v. Rohm & Haas CompanyDistrict Court, S.D. New York · 1967
  3. Application of Jacques Georges PottierCourt of Customs and Patent Appeals · 1967
  4. Application of Jean Maurice GazaveCourt of Customs and Patent Appeals · 1967
  5. Eli Lilly and Co. v. TEVA PHARMACEUTICALS USADistrict Court, S.D. Indiana · 2009

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