Quimbee logo
DMCA.com Protection Status
From our private database of 16,600+ case briefs...

In re Gosteli

Court of Appeals for the Federal Circuit
872 F.2d 1008 (1989)


Gosteli (applicant) filed a patent application claiming antibiotic compounds, which was rejected by the patent examiner in light of the Menard patent. The Menard patent, which was filed in the United States prior to Gosteli’s application, contained a disclosure of compounds claimed by Gosteli. In order to pre-date the Menard patent, Gosteli sought to rely on the foreign priority date of an earlier-filed patent application from Luxembourg via the Paris Convention. The Luxembourg application, which pre-dated the Menard United States filing date, was somewhat less thorough than the Gosteli United States application. On appeal to the Board of Patent Appeals and Interferences, the Board held that Gosteli would not be entitled to the Luxembourg filing date, which meant that the Menard patent could serve as prior art against the United States application, and Gosteli appealed.

Rule of Law


Holding and Reasoning (Bissell, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 436,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,600 briefs, keyed to 223 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial