RHONE-POULENC S.A. v. DANN

No. 74-1136.

507 F.2d 261 (1974)

RHONE-POULENC S.A. et al., Appellants, v. C. Marshall DANN, Commissioner of Patents, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided December 3, 1974.


Attorney(s) appearing for the Case

Ellsworth H. Mosher, Arlington, Va. (Charles A. Wendel, Arlington, Va., on brief), for appellants.

Fred W. McKelvey, Associate Sol. (Joseph F. Nakamura, Sol., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and RUSSELL and FIELD, Circuit Judges.


PER CURIAM:

Rhone-Poulenc is a French corporation which, along with several scientists, is seeking to patent a new process for preparing a known antibiotic drug, daunorubicin. The Primary Examiner determined that all claims in the application, Serial No. 775,904, are allowable but objected to the application because of the presence of certain words in the specification. The paragraph containing the disputed phrase reads as follows:

S. griseus, var. rubidofaciens...

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