Application of Saunders
Decision Date | 08 February 1955 |
Docket Number | Patent Appeal No. 6073. |
Citation | 104 USPQ 394,219 F.2d 455 |
Parties | Application of Robert H. SAUNDERS. |
Court | U.S. Court of Customs and Patent Appeals (CCPA) |
Clinton F. Miller, Wilmington, Del., for appellant.
E. L. Reynolds, Washington, D. C. (J. Schimmel, Washington, D. C., of counsel), for the Commissioner of Patents.
Before O'CONNELL, Acting Chief Judge, and JOHNSON, WORLEY, and COLE, Associate Judges.
This is an appeal from the decision of the Board of Appeals of the United States Patent Office affirming the rejection by the Primary Examiner of all of the claims in appellant's application for a patent on an alleged invention relating to a new and useful improvement in the preparation of polyhalo derivatives and more particularly to a process of forming an adduct of a terpene and a polyhalomethane in the presence of a peroxide catalyst.
Of the 13 rejected claims, only 7, 19, 25, and 26, which read on the elected species, are involved in this appeal. Claims 7 and 19 were considered by the Board of Appeals as illustrative:
The board noted that
The Solicitor for the Patent Office in his brief clarifies the issue thus:
The question to be determined here, together with the background of the litigation, are thus accurately defined in the brief for appellant:
The Board of Interference Examiners in awarding priority to the respective parties in accordance with their cross-concessions, made such award without prejudice to the right of the Primary Examiner to reject the claims conceded to one party as unpatentable over the claims conceded to the other party.
No prior patents were cited or relied upon in the instant case by the tribunals of the Patent Office. The examiner in his statement referred, however, to the counts conceded to the adverse party...
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Studiengesellschaft Kohle v. Eastman Kodak, Civ. A. No. B-74-392-CA.
...filing date of Ziegler et al's Z4348 application in Germany wherein propylene polymerization was first disclosed. Application of Saunders, 219 F.2d 455, 457, 42 CCPA 763 (1955); Application of Kyrides, 159 F.2d 1019, 1021-22, 34 CCPA 920 (1947). Such polypropylene claims are invalid as anti......
- APPLICATION OF LINDELL, Patent Appeal No. 6074.