if the prior art of record failed to disclose a method for making a claimed compound, at the time the invention was made, it cannot be legally concluded that the compound itself was in the possession of the public
How later courts described this case
- if the prior art of record failed to disclose a method for making a claimed compound, at the time the invention was made, it cannot be legally concluded that the compound itself was in the possession of the public
- “[I]f the prior art of record fails to disclose or render obvious a method for making a claimed compound . . . it may not be legally concluded that the compound itself is in the posses- sion of the public [or obvious].”
- “the absence of a known or obvious process for making the claimed compounds overcomes a presumption that the compounds are obvious, based on close relationships between their structures and those of prior art compounds”
Written by the judges who cited it.
The opinion
KIRKPATRICK, Judge
(dissenting).
I am unable to agree with the result reached by the majority. The reasons for my dissent appear in the overrruled opinion In re Hoeksema, 379 F.2d 1007 , 54 CCPA 1618 (1967)..