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In re Hafner

410 F.2d 1403 (1969)

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In re Hafner

United States Court of Customs and Patent Appeals
410 F.2d 1403 (1969)

Facts

In 1959, Klaus Hafner (plaintiff) filed two German patent applications for chemical compositions. At least one of these applications issued as a patent in 1961. Hafner filed a United States patent application in 1960. The US patent office rejected Hafner’s application on the ground that it failed to disclose a use for the invention. Hafner filed a new US patent application in 1964, this time disclosing how to use the compositions. The 1964 application was rejected on the ground of anticipation by the 1961 German patent and a published article by another party. However, neither prior-art reference included any disclosures as to how to use the invention. Hafner appealed to the United States Court of Customs and Patent Appeals, arguing that the enablement standard for anticipation should be the same as the enablement standard for patent eligibility.

Rule of Law

Issue

Holding and Reasoning (Rich, J.)

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