Patent Law Keyed to Adelman
In re Gosteli
Gosteli's patent application for several compounds and subgenus chemical species used in antibiotic preparation was rejected as anticipated by the Menard patent. Gosteli filed his patent applicant on May 4, 1978, and Menard's effective date was December 14, 1977. However, Gosteli had applied for a Luxembourg patent on May 9, 1977, and tried to predate his U.S. patent application to this filing date, which provided an ineffective reference to Menard. The Luxembourg patent failed to provide a written description of the entire subject matter of the claims claimed in the U.S. patent application, therefore the PTO Board of Patent Appeals rejected it as not covering the "same invention." Gosteli appealed.
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