Appeal No. 93-2757
Application 07/908,856
In re Zletz, 893 F.2d 319, 321, 13 USPQ2d 1320, 1322 (Fed. Cir.
1989).
GB 2 170 404 A describes a process for preparing camomile
oil which comprises subjecting dried camomile flowerheads or
drug of the camomile to aqueous or steam distillation. See
page 16, Example 7 of the reference. This reasonably appears
to constitute a description of the invention defined in claims
7 through 13 within the meaning of 35 U.S.C.
§ 102(b). Compare In re Best, 562 F.2d 1252, 1255, 195 USPQ
430, 433-34 (CCPA 1977). See also In re Woodruff, 919 F.2d
1575, 1578, 16 USPQ2d 1934, 1936 (Fed. Cir. 1990) (discovery
of a new benefit of an old process does not make the old
process patentable again).
Accordingly, we affirm the examiner’s decision rejecting
claims 7 through 13 on prior art grounds based on GB 2 170 404
A.
CLAIM 14
In Example 7, page 16, GB 2 170 404 A discloses a process
for preparing camomile oil which comprises subjecting dried
camomile flowerheads to aqueous or steam distillation. Claim
17 of the reference, page 19, describes in relevant part “[a]n
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