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In re Gosteli

872 F.2d 1008 (1989)

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In re Gosteli

Court of Appeals for the Federal Circuit

872 F.2d 1008 (1989)

Facts

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

Issue

Holding and Reasoning (Bissell, J.)

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