In re Donald H. THORPE, et al. Appeal No. 85-1913 (United States Court of Appeals, Federal Circuit. Nov. 21, 1985)

Case Description

The Federal Circuit affirmed the rejection by the US Patent and Trademark Office (USPTO) of a number of product-by-process claims based on the lack of novelty of the claimed product. Patentability of product-by-process claims is determined on the basis of the product, not the process.

Decision Year
1985
Pre-grant flexibilities
Keywords