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IN RE JONES

No. 91-1380.

958 F.2d 347 (1992)

In re Rita S. JONES, Michael T. Chirchirillo and Johnny L. Burns.

United States Court of Appeals, Federal Circuit.

February 28, 1992.

Attorney(s) appearing for the Case

Melvyn M. Kassenoff, Sandoz Corp. Patent & Trademark Dept., East Hanover, N.J., argued for appellant; Gerald D. Sharkin and Richard E. Vila, East Hanover, N.J. and Joanne M. Giesser, Palo Alto, Cal., on brief.

Harris A. Pitlock, Associate Sol., Arlington, Va., argued for appellee; Fred E. McKelvey, Sol., on brief (Richard E. Schafer, Patent & Trademark Office, of counsel).

Before RICH, ARCHER, and CLEVENGER, Circuit Judges.

RICH, Circuit Judge.

Rita S. Jones et al. (collectively Jones) appeal from the April 15, 1991 decision of the Patent and Trademark Office (PTO) Board of Patent Appeals and Interferences (Board), Appeal No. 90-1920, sustaining the rejection of claim 1, the only claim of application Ser. No. 07/099,279, titled "The 2-(2'-Aminoethoxy)-Ethanol Salt of Dicamba," as unpatentable under 35 U.S.C. § 103. We conclude that the PTO has not presented a prima facie...

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