In re Papesch

315 F.2d 381, 137 USPQ 43 (1963)

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In re Papesch

United States Court of Customs and Patent Appeals
315 F.2d 381, 137 USPQ 43 (1963)

Facts

Papesch (applicant) filed a patent application claiming a series of chemical compounds that were admittedly obvious in light of the prior art as to their structure. However, in the text of the specification, Papesch presented evidence of unexpected results from these compounds, and further provided an affidavit supporting the same from a researcher. The examiner rejected the claims nonetheless and suggested that Papesch file claims directed to using the compound for the unexpected medical purpose rather than pursuing claims for their chemical structure. Papesch sought review from the Board of Patent Appeals, which affirmed that the compounds were obvious and disregarded the affidavit evidence of unexpected results. Papesch appealed.

Rule of Law

Issue

Holding and Reasoning (Rich, A.J.)

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