Patents superiority

There is a wide variety of dyes unique to the field of hair coloring. Successive N-alkylation of the nitrophenylenediamines has an additive bathochromic effect on the visible absorption to the extent that violet-blue dyes can be formed. Since the simple A/-alkyl derivatives do not have good dyeing properties, patent activity has concentrated on the superior A/-hydroxyalkyl derivatives of nitrophenylenediamines (29,30), some of which have commercial use (31). Other substituents have been used (32). A series of patents also have been issued on substituted water-soluble azo and anthraquinone dyes bearing quaternary ammonium groups (33). 

Melamine resins were introduced about ten years after the Beetle molding compound. They were very similar to those based on urea but had superior quaHties. Henkel in Germany was issued a patent for a melamine resin in 1936 (7). Melamine resins rapidly supplanted urea resins and were soon used in molding, laminating, and bonding formulations, as well as for textile and paper treatments. The remarkable stabiHty of the symmetrical triazine ring made these products resistant to chemical change once the resin had been cured to the insoluble, cross-linked state. 

Jai Tire has patented a process that, upon a dding cmmb mbber to sod, improves turf by providing aeration and reducing compaction (49). Superior Environmental Products, Inc. has developed a material that contains 40% of scrap tire mbber. The material can control chemical, od, and gasoline spills... 

Babbitt Metals. High lead and tin alloys patented by Isaac Babbitt ki 1839 offer a superior combination of compatibiUty, conformabiUty, and... 

In the 1980s, IN 738 blades were widely used. IN-738, was the acknowledged corrosion standard for the industry. New alloys, such as GTD-111, were developed and patented by GE in the mid-1970s. GTD-111 possesses about a 35 °F (20 °C) improvement in rupture strength as compared to IN-738. GTD-111 is also superior to IN-738 in low-cycle fatigue strength. 

Melamine (I,3,5-triamino-2,4,6-triazine) was first prepared by Liebig in 1835. For a hundred years the material remained no more than a laboratory curiosity until Henkel patented the production of resins by condensation with formaldehyde. Today large quantities of melamine-formaldehyde resins are used in the manufacture of moulding compositions, laminates, adhesives, surface coatings and other applications. Although in many respects superior in properties to the urea-based resins they are also significantly more expensive. 

A iD-Corticoids have been important intermediates since it was shown ° that substitution at C-9 enhances anti-inflammatory activity. These olefins are usually obtained from 11a- or 11)5-alcohols, and consequently several refined methods have been devised for effecting this dehydration. It is desirable that such methods be compatible with the presence of A" -3-ketone and 17-hydroxy functions. The first direct procedure for which high yields were claimed was described in a patent issued to Upjohn. According to this method, the alcohol (11a or )5) is treated first with A-bromoacetamide in pyridine, then with sulfur dioxide. Recently it has been claimed " that the A-haloamide/sulfur dioxide method gives results superior to other methods, although the methanesulfonyl chloride/sulfur dioxide procedure (see below) apparently was not compared (see also ref. 94). 

It is prepd by the action of methylamine on 4-chloro-l-nitrobenzene (Ref 5) by the action of methyl iodide (Ref 6), or methyl sulfate on 4-nit roaniline (Ref 7) or by the hydrolysis of 4-nitro-N-methylformanilide with hot coned aq HC1 (Ref 8). In a study of the effect of nitric acid concn on the prods of the nitration of N,N-dimethylaniline to form Tetryl, it was isolated in low yield by the action of nitric acid, d 1.046g/cc, plus Na nitrite on N,N-dimethylaniline (Ref 10). A eutectic mixt with N-ethyl-4-nitroaniline has been patented as a stabilizer for NC (Ref 12). Studies at NPF indicate that 4-nitro-N-methyl-aniline is superior to Centralite, 2-nitrodiphenyl-amine, or Acardite in stabilizing. NC Refs 1) Beil 12, 586, (295) 1125 ... 

Manufacture of ruthenium precatalysts for asymmetric hydrogenation. The technology in-licensed from the JST for the asymmetric reduction of ketones originally employed BINAP as the diphosphine and an expensive diamine, DAIPEN." Owing to the presence of several patents surrounding ruthenium complexes of BINAP and Xylyl-BINAP, [HexaPHEMP-RuCl2-diamine] and [PhanePHOS-RuCl2-diamine] were introduced as alternative catalyst systems in which a cheaper diamine is used. Compared to the BINAP-based systems both of these can offer superior performance in terms of activity and selectivity and have been used in commercial manufacture of chiral alcohols on multi-100 Kg scales. 

One day three patent inspectors, including his mentor Professor Darcet, appeared at Leblanc s little factory and scrupulously examined his workshops and process. In their official report, they concluded that his invention was different and very superior to everything that, until today, has come to our knowledge, in terms of the economy, speed, and sureness of the procedure, as by the richness and purity of the result. The inspectors warned, The secret of his discovery should be carefully guarded. ... 

A straightforward comparison between the two systems would show first of all the superiority of the grant system, as the welfare loss due to monopoly prices is diluted. However, the incentives to carry out research are imperfect in both systems, although in a different way. In the patent system they are always inadequate because the monopoly benefits are less than the social surplus. In the grant system, the incentives to invest are not systematically inadequate, as they are related to the reward received rather than to the real surplus. 

Analysis This case presents an example where superior and unexpected results associated with a molecule (one enantiomer) conveyed patentability to the enantiomer over its previously disclosed (prior art) racemate. The case also introduces another mechanism through which patents can be defeated by demonstrating that the claimed subject matter is obvious. 

A basic, or prima facie, case of obviousness, which would otherwise defeat patentability, may in turn be defeated by one or more "secondary considerations [18]." One of the most commonly employed secondary considerations is a "superior and unexpected result [18]." At trial, Apotex... 

In summary, Sanofi presented two superior and unexpected results, in the form of a highly significant combination of properties [associated with one enantiomer], as part of a point-by-point rebuttal of Apotex s arguments in its prima facie obviousness case. By doing so, Sanofi retained patent protection for Plavix. Superior and unexpected results can thus overcome a basic case of obviousness and confer patentability, even in the close case of an enantiomer compared to a racemate. 

A listing of all superior and unexpected results and their associated molecules should be provided as part of each invention disclosure to the patent department. 

Thus, in response to Pfizer s asserted superior and unexpected results, the court, at various places, reasoned a particular result (e.g., solubility, chemical stability, ease of manufacturability) was not superior, not unexpected, or both not superior and not unexpected. This analysis, combined with the court s dismissal of Pfizer s other arguments for nonobviousness, resulted in invalidation of Claims 1-3 of the 303 patent. 

Catalyst performance was far superior to the corresponding BINAP or Me-Du-Phos systems, with both conversions and selectivities being higher. The hydrogenation of enol ethers using Rh-PennPhos catalysts has been reported in a patent by Zhang [67d]. Under mild conditions, high enantioselectivities were obtained (73-94% ee) for 1-aryl-l-methoxy-ethene derivatives 121, compared to Me-DuPhos (40-73% ee) and BINAP (46-48% ee). 

Patents assigned to Mobil (217) describe the use of boron trifluoride supported on several porous carriers. BF3 supported on silica was found to exhibit a slightly higher performance with added water in the alkylation of a mixed alkene feed at 273 K. It was also shown that self-alkylation activity was considerably lower than that with HF as catalyst. Another patent (218) describes the use of a pillared layered silicate, MCM-25, promoted with BF3 to give a high-quality alkylate at temperatures of about 273 K. BF3 was also supported on zeolite BEA, with adsorbed water still present (219). This composite catalyst exhibited low butene isomerization activity, which was evident from the inferior results obtained with 1-butene. At low reaction temperatures, the product quality was superior to that of HF alkylate. 

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