In re Kaplan
United States Court of Appeals for the Federal Circuit
789 F.2d 1574 (1986)
- Written by Eric Miller, JD
Facts
In 1976, Leonard Kaplan obtained a patent on a catalytic process of producing alkane polyols in an organic solvent. Among the organic solvents disclosed in the patent were tetraglyme and sulfolane. None of the patent’s claims called for a mixture of solvents, though the patent specification included a table with examples of mixtures, one of which was a mixture of tetraglyme and sulfolane. In 1982, Kaplan and Wellington Walker, as joint inventors, applied for a patent on an improvement to Kaplan’s catalytic process, this time specifically claiming a solvent mixture of tetraglyme and sulfolane. The United States Patent and Trademark Office board of appeals (the board) rejected the application on the ground of double patenting, finding that the claimed invention was an attempt to improperly extend Kaplan’s monopoly on his original invention. Kaplan and Walker appealed to the United States Court of Appeals for the Federal Circuit.
Rule of Law
Issue
Holding and Reasoning (Rich, J.)
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