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In re Hogan

559 F.2d 595 (1977)

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In re Hogan

United States Court of Customs and Patent Appeals

559 F.2d 595 (1977)

Facts

In 1971, Hogan (plaintiff) filed an application for several polymers pursuant to 35 U.S.C. § 120, which entitled him to the benefit of a 1953 filing date for two claims and a 1956 filing date for the other. Hogan’s 1953 application disclosed the only species known of the polymer at the time of the application but generally claimed solid polymers. Hogan’s 1971 application claimed a solid polymer of a species outside of the enabling teaching of Hogan’s 1953 application. The species was unknown until 1962, as evidenced by a reference published in 1967 and cited by the examiner to reject Hogan’s disclosure as nonenabling for the new species. The Patent and Trademark Office Board of Appeals (the board) (defendant) affirmed various examiner rejections, including on the ground that Hogan’s disclosure was insufficiently enabling under 35 U.S.C. § 112, first paragraph. Hogan appealed.

Rule of Law

Issue

Holding and Reasoning (Markey, C.J.)

Concurrence (Miller, J.)

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