Purdue Research Foundation v. Robert C. Watson, Commissioner of Patents

U.S. Court of Appeals for the D.C. Circuit
Purdue Research Foundation v. Robert C. Watson, Commissioner of Patents, 265 F.2d 107 (D.C. Cir. 1959)
105 U.S. App. D.C. 123; 120 U.S.P.Q. (BNA) 521; 1959 U.S. App. LEXIS 5513

Purdue Research Foundation v. Robert C. Watson, Commissioner of Patents

Opinion of the Court

PER CURIAM.

In this suit under 35 U.S.C. § 145 to obtain a patent, the District Court upheld the Patent Office in rejecting appellant’s chemical claims on the ground that they failed to define the invention as required by 35 U.S.C. § 112. We find no error. Koebel v. Coe, 70 App.D.C. 261, 105 F.2d 784; Watson v. Bersworth, 102 U.S.App.D.C. 187, 251 F.2d 898. Appellant asks us to notice certain claims which the Patent Office allowed to others, on February 25, 1958, Re. 24,435. However, those claims are more definite than the claims to which the present appeal relates.

Affirmed.

Concurring Opinion

DANAHER, Circuit Judge

(concurring).

I deem myself bound to concur because of Watson v. Bersworth, supra, but see the dissent therein.

Reference

Full Case Name
PURDUE RESEARCH FOUNDATION, Appellant, v. Robert C. WATSON, Commissioner of Patents, Appellee
Status
Published