APPLICATION OF BLONDEL

Patent Appeal No. 9150.

499 F.2d 1311 (1974)

Application of Jean-Claude Rene Georges BLONDEL et al.

United States Court of Customs and Patent Appeals.

June 27, 1974.


Attorney(s) appearing for the Case

Ellsworth H. Mosher, Arlington, Va. (Stevens, Davis, Miller & Mosher), Arlington, Va., attorney of record, for appellants.

Joseph F. Nakamura, Washington, D. C., for the Commissioner of Patents. Fred E. McKelvey, Washington, D. C., of counsel.

Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Judges.


RICH, Judge.

This appeal is from the decision of the Patent Office Board of Appeals affirming the examiner's rejection of claims 1 and 3-6 of application serial No. 717,012, filed March 28, 1968, for "Phenthiazine Derivatives," on the ground of obviousness in view of prior art, under 35 U.S.C. § 103. We reverse.

The issues are whether the claimed invention is prima facie structurally obvious and, if so, whether there has been a sufficient showing of unexpected...

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