Wednesday, January 16, 2013

Papesch inseparability invoked in Ex parte Nussbaum

Papesch is invoked in Ex parte NUSSBAUM
We are also not persuaded that the antibacterial properties of the claimed compound may be discounted merely because they are not recited in the claims. “From the standpoint of patent law, a compound and all of its properties are inseparable; they are one and the same thing. . . . the patentability of the thing does not depend on the similarity of its formula to that of another compound but of the similarity of the former compound to the latter. There is no basis in law for ignoring any property in making such a comparison.” In re Papesch, 315 F.2d 381, 391 (CCPA 1963). The rejection is reversed.


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