# Application of Frederick K. Kirchner

> Court of Customs and Patent Appeals · July 25, 1962 · 305 F.2d 897

URL: https://www.frixlaw.com/law-library/cases/9448703

## Case

- **Full name:** Application of Frederick K. KIRCHNER
- **Court:** Court of Customs and Patent Appeals
- **Decided:** July 25, 1962
- **Citations:** 305 F.2d 897; 49 C.C.P.A. 1234
- **Precedential status:** Published
- **Opinion:** Concurrence by Kirkpatrick
- **Judges:** Worley, Rich, Martin, Smith, Kirkpatrick
- **Cited by:** 13 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/9448703

## Opinion text

KIRKPATRICK, Judge,
with whom WORLEY, Chief Judge, joins (concurring) .
I concur with the result, basing my concurrence on my interpretation of the affidavit submitted that the word “curarimimetie” is equivalent to “neuromuscular blocking agent” and, in that sense, ambiguous. Therefore, it is neither a change of utility nor a contradiction of utility but a clarification for the applicant to assert that his drugs have anticholinesterase activity and are antidotes for d-tubocurarine since in the prior art neuromuscular block was accomplished by drugs acting such as d-tubocurarine for which anticholinesterase drugs are antidotes and by drugs acting in another manner not fully understood for which anticholinesterase drugs were not antidotes but, in fact, active agents, depending on the dosage.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9448703. Public record. Not legal advice.