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Patent Law Keyed to Adelman
In re Papesch
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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Papesch applied for a patent on a compound that was admittedly obvious in structure because of an already patented compound. The difference was in the properties as Papesch had three ethyl groups while the prior art had three methyl groups. However, the triethyl compound had unexpected anti-inflammatory properties while the prior art had no usefulness in this area. The Board rejected the patent on the grounds of obviousness, and Papesch appealed.
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