In re Albrecht

579 F.2d 92, 198 U.S.P.Q. (BNA) 208, 1978 CCPA LEXIS 282
Court of Customs and Patent Appeals·Decided June 15, 1978·No. Appeal No. 78-509·Published·Cited by 9 cases

Opinion

RICH, Judge.

This appeal is from the decision of the Patent and Trademark Office (PTO) Board of Appeals (board) affirming the rejection of claims 1 -8 and 10-20 in the application of William L. Albrecht and Robert W. Fleming, serial No. 300,765, filed October 25, 1972, for “Bis-Basic Ketones of Dibenzo-thiophene,” under 35 U.S.C. § 103 as obvious from the combined teachings of Whaley et al. (Whaley) and Anderson. We affirm.

Appellants have discovered that certain allegedly novel dibasic ketone derivatives of dibenzothiophene have antiviral activity, and this property is alleged to have been unexpected. Claims 1 and 16 are illustrative and read:

[93]

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In re Albrecht, 579 F.2d 92, 198 U.S.P.Q. (BNA) 208, 1978 CCPA LEXIS 282 (ccpa 1978).

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