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In re Ochiai

71 F.3d 1565, 37 U.S.P.Q.2d 1127 (1995)

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In re Ochiai

United States Court of Appeals for the Federal Circuit
71 F.3d 1565, 37 U.S.P.Q.2d 1127 (1995)

Facts

Michihiko Ochiai (plaintiff) applied for a patent that claimed a process for producing a particular cephem antibiotic compound. The United States Patent and Trademark Office (PTO) examiner rejected the application, applying a per se rule under which process claims were deemed obvious if prior-art references disclosed the same general process using similar materials. The rule was invoked despite the fact that neither the specific starting materials nor the cephem compound found in the Ochiai patent application had been taught or suggested by the prior art. The PTO board of appeals affirmed. Ochiai appealed to the United States Court of Appeals for the Federal Circuit.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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