“[i]f there is no novelty in an article or composition, then a patent cannot be properly granted on the article or composition, regardless of the use for which it is intended”
How later courts described this case
- “[i]f there is no novelty in an article or composition, then a patent cannot be properly granted on the article or composition, regardless of the use for which it is intended”
Written by the judges who cited it.
The opinion
Bland, Judge,
specially concurring.
I concur in the holding of the majority that claim 15 was properly rejected.
My views concerning the Thuau case are stated in detail in my specially concurring opinion in In re Migrdichian, 33 C. C. P. A. (Patents) 1224, 1229, 156 F. (2d) 250, 70 USPQ 403 .