In re Citron

This appeal is from the rejection by the Patent Office Board of Appeals, acting under Patent Office Rule 196 (b), of all the claims of Citron’s application serial No. 163,787, filed May 23, 1950, entitled “Method of Implanting Cancer Tissue.”

Applicant’s claims, in this atypical case, were finally rejected by the examiner without the citation of any references on the sole ground that they were not directed to statutory patentable subject matter. There are 18 claims all directed to process or method. The examiner rejected them on the ground that “they do not comprise a ‘process’ within the…