In re Dillon
Court of Appeals for the Federal Circuit
919 F.2d 688 (1990)
- Written by Craig Conway, LLM
Facts
Dillon (applicant) filed a patent application claiming tetra-orthoesters as fuel additives that reduced soot. Tri-orthoesters were already known in the art as fuel additives for dewatering purposes. The patent examiner rejected the claim, arguing that the structural similarities of tetra-orthoesters and tri-orthoesters, and the fact that the latter was already known as a fuel additive, all rendered the claim obvious. On appeal to the Federal Circuit, a three-judge panel reversed. A petition for re-hearing en banc was granted.
Rule of Law
Issue
Holding and Reasoning (Lourie, J.)
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