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Patent Law Keyed to Adelman
Oka v. Youssefyeh
Facts
The patent concerned a class of compounds with a complex composition. However, two of the more typical subspecies of the class contained either a 2-indanyl group or a 5-indanyl group. On February 27, 1980, Defendant had the idea for a 2-indanyl class of compounds and on October 10, 1980 he had a method of making other compounds. During the last week of October 1980, Defendant's partner, co-applicant Suh, told an assistant to use the October 10 method to prepare a species of 5-indanyl class of compounds. In December 1980, the assistant did so and on January 9, 1981, Defendant reduced the invention to practice. Plaintiff filed his application for the compounds on October 31, 1980.
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