Patent Appeal No. 8553.

455 F.2d 586 (1972)

Application of Vincent ARKLEY et al.

United States Court of Customs and Patent Appeals.

February 17, 1972.

Attorney(s) appearing for the Case

J. William Pike, Bacon & Thomas, Washington, D. C., attorneys of record, for appellants; Fred T. Williams, John J. Cavanaugh, Chicago, Ill., Pendleton, Neuman, Williams & Anderson, Chicago, Ill., of counsel.

S. Wm. Cochran, Washington, D. C., for the Commissioner of Patents; Jack E. Armore, Associate Sol., Washington, D. C., and Henry Willard Tarring, II, Falls Church, Va., of counsel.

Before WORLEY, Chief Judge, and RICH, ALMOND, BALDWIN and LANE, Judges.

RICH, Judge.

This appeal is from the decision of the Patent Office Board of Appeals affirming the rejection of claim 30 in appellants' application serial No. 329,212, filed December 9, 1963, for a cephalosporin-type antibiotic known as cephaloridine. No claim has been allowed. We reverse.

The Subject Matter Claimed

The appealed claim is drawn to a single compound, by structural formula, and reads:

30. A compound of the formula



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