# In re Johnson

> Court of Customs and Patent Appeals · June 16, 1977 · 558 F.2d 1008

URL: https://www.frixlaw.com/law-library/cases/8902858

## Case

- **Full name:** Application of Robert N. JOHNSON and Alford G. Farnham
- **Court:** Court of Customs and Patent Appeals
- **Decided:** June 16, 1977
- **Citations:** 558 F.2d 1008; 194 U.S.P.Q. (BNA) 187; 1977 CCPA LEXIS 140
- **Precedential status:** Published
- **Opinion:** Dissent by Lane
- **Judges:** Lane, Markey
- **Cited by:** 12 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8902858

## How later opinions describe it (automated extraction)

- reversing rejection for in- adequate written description where specification disclosed several species of a genus and claims recited genus but ex- cluded two species of lost interference count

## Opinion text

LANE, Judge,
dissenting in part.
I would affirm the rejection of claims 64 and 68-72 under § 112, paragraphs 1 and 2, because the specification indicates that a minimum sigma value of + 0.7 is an essential requisite. These claims fail to recite this requisite, thus fail to define appellants’ invention and are broader than the disclosure. I concur in reversing the rejection of claims 1-9.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8902858. Public record. Not legal advice.