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APPLICATION OF BERGSTROM

Patent Appeal No. 8256.

427 F.2d 1394 (1970)

Application of Sune BERGSTROM and Jan Sjovall.

United States Court of Customs and Patent Appeals.

July 16, 1970.

Attorney(s) appearing for the Case

Earl C. Spaeth, Kalamazoo, Mich., attorney of record, for appellants. Eugene O. Retter, George T. Johannesen, Kalamazoo, Mich., Sidney W. Russell, Arlington, Va., of counsel.

Joseph Schimmel, Washington, D. C., for the Commissioner of Patents. Fred W. Sherling, Washington, D. C., of counsel.

Before RICH, ALMOND, BALDWIN and LANE, Judges, and McMANUS, Chief Judge, Northern District of Iowa, sitting by designation.

ALMOND, Judge.

This appeal is from the decision of the Patent Office Board of Appeals affirming the examiner's rejection of claims 23 and 53 in appellants' application1 for "PGE Type Compounds" "as lacking in novelty under 35 U.S.C. 101."

The invention relates to two chemical compounds, as reflected in the claims:

23. 7-[3-hydroxy-2(3-hydroxy-1-octenyl)-5-oxocyclopentyl]-5-heptenoic acid, said acid being sufficiently pure...

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