In re Marosi
United States Court of Appeals for the Federal Circuit
710 F.2d 799, 218 U.S.P.Q. 289 (1983)
- Written by Eric Miller, JD
Facts
Laszlo Marosi, Joachim Stabenow, and Matthias Schwarzmann (the inventors) sought to patent a process for making zeolitic compounds that would be distinguished from the prior art by the absence of alkali metal. However, small amounts of alkali metal were still present in the inventors’ mixtures. The inventors therefore used the words “essentially free of alkali metal” in their patent application. The United States Patent and Trademark Office (PTO) rejected the application on the ground that it failed to specify a cutoff point in the amount of alkali metals that would differentiate the inventors’ compounds from the prior art. The inventors appealed to the United States Court of Appeals for the Federal Circuit.
Rule of Law
Issue
Holding and Reasoning (Miller, J.)
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