Appeal No. 1996-2910
Application 07/825,488
the appellants. See In re Petering, 301 F.2d 676, 682, 133 USPQ 275, 280 (CCPA
1962) (Even though appellants' claimed compound may exhibit antivitamin activity, a
property not disclosed by Karrer, this fact is not significant here because appellants'
invention as defined in these claims is described in the Karrer patent.). Emphasis
original. In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990)
(Without novelty, evidence of unobviousness is superfluous.)
CONCLUSION
In conclusion, for the reasons set forth in the body of this opinion, the appeal
with respect to claims 20 and 23 is dismissed. The rejection of claims 21, 22 and 24
through 26 under 35 U.S.C. § 103 as unpatentable over Van Lommen is reversed. In
addition, we raise several issues for consideration on return of this application to the
examining group.
REVERSED
SHERMAN D. WINTERS )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
TEDDY S. GRON )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
DOUGLAS W. ROBINSON )
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