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APPLICATION OF SEWARD

Patent Appeal No. 6995.

323 F.2d 1009 (1963)

Application of John F. SEWARD.

United States Court of Customs and Patent Appeals.

November 14, 1963.

Attorney(s) appearing for the Case

Barnes, Kisselle, Raisch & Choate, Alfonse J. D'Amico, Detroit, Mich., for appellant.

Clarence W. Moore, Washington, D. C. (Raymond E. Martin, Washington, D. C., of counsel), for Comr. of Patents.

Before WORLEY, Chief Judge, and RICH, MARTIN, SMITH and ALMOND, Judges.

WORLEY, Chief Judge.

Seward seeks to patent a method of treating acute asthmatic attacks by incorporating from three to four hundred milligrams of theophylline in an aqueous alcoholic solution which is orally administered in a single dose.

Seward says his treatment

"* * * was predicated upon two very unexpected findings. One unexpected finding was that such a large orally administered dose of theophylline, when mixed with alcohol, produced substantially...

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