Appeal No. 95-1820
Application 08/115,836
infinite genus does not necessitate a finding of obviousness for
a claimed feature that falls within the genus. In re Baird, 16
F.3d 380, 382, 29 USPQ2d 1550, 1552 (Fed. Cir. 1994); In re
Jones, 958 F.2d 347, 350, 21 USPQ2d 1941, 1943 (Fed. Cir. 1992).
In the present case, we do not find that Gordon's disclosure of a
virtually infinite genus of "an average particle size larger than
18 µ," and exemplification of 82.6 as the largest average
particle size, support a conclusion of obviousness for the
claimed crystalline ibuprofen having an average particle size of
larger than 150 microns.
In conclusion, based on the foregoing, the examiner's
decision rejecting the appealed claims is reversed.
REVERSED
EDWARD C. KIMLIN )
Administrative Patent Judge )
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CAMERON WEIFFENBACH ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
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CHUNG K. PAK )
Administrative Patent Judge )
Philip M. Pippenger
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