Possession of the invention

A recent case heard on appeal by a panel of the CAFC, Univ. of Rochester v. G.D. Searle Co. provides an example of a written description, possession of the invention controversy.20 Although this is a pharmaceutical science rather than a pure chemistry case, the general discussion in the opinion is instructive for its reflection of the current judicial policy values in regard to whether a broad claim finds adequate written description support in the specification (outside of the new matter context already discussed). 

A mere naked formula for a chemical compound which teaches the art nothing about the product which it may represent, and does not put anyone in possession of the invention, is not the type of statement that should be relied upon for anticipation. ... 

It must be adequately described to the public in order to demonstrate possession of the invention at the time of filing. 

The motivation of the third achievement is ascribed to the fact that the influence of the invention of an ideal extractant possessing a high affinity and selectivity... 

In this report, as in the preceding, I shall not strictly confine myself to the inventions of me United States, but introduce such of the inventions of Europe, which have come to my notice, as I may deem worthy of public attention, either in their immediate applicability to our industry, or as containing the germs of future usefulness for it often occurs that ideas which, in themselves, possess no practical usefulness, suggest and lead to the most important and useful inventions. 

The summary of the invention presents the kind of patent that lies in hand, for example, a utility one dealing with compositions of matter, and shows that the invention possesses novelty. It indicates that the patent is directed to chemical compounds as drugs and names their broad structural class. The summary also specifies the diseases that the compounds prevent or treat and mentions methods of meiking and using them. Compared to summaries from the chemical literature, patent summaries can be insubstantial many convey few particulars of the invention, which appear in the detailed description instead. 

Membranes which may be used in the removal of alkali metal ions by electrodialysis are those which are impermeable to anions, but which allow the flow therethrough of cations. Such cation-selective membranes should, of course, possess chemical durability, high resistance to oxidation and low electrical resistance in addition to their ion-exchange properties. Homogeneous-type polymeric membranes are preferred, for example, network polymers such as phenol, phenosulfonic acid, formaldehyde condensation polymers and linear polymers such as sulfonated fluoropolymers and copolymers of styrene, vinyl pyridine and divinylbenzene. Such membranes are well known in the art and their selection for use in the method of the invention is well within the skill of the art. 

Whether some procaryotes contain sterols and others do not has, of course, an important bearing on evolutionary relationships. One may ask, for example, whether Methylococcus and related methanotrophs were ancestral to a line of aerobic bacteria which then abandoned the sterol pathway or whether in another independently evolving branch of aerobes sterol biosynthesis was never invented. These issues are of interest not only by themselves but also because they bear on the matter of how the wide evolutionary gap between procaryotes and eucaryotic cells was bridged. As pointed out earlier, the possession of the sterol molecule is a universal feature of eucaryotic forms of life. For eucaryotes, phylogenetic relationships are much more certain than they are for procaryotic cells so that one can speak with some confidence of eucaryotes that are primitive and those that are more advanced. In the present context it is therefore significant that the red algae, supposedly the most primitive extant eucaryotes, not only contain sterols in substantial amounts but also that in these cells the biosynthetic pathway is modern, i.e. fully developed. Cholesterol or related cholestane derivatives are the dominant sterols in all members of the order Rhodophytae so far examined. ... 

The interpretation of your duties for the company of the B. Anilin Sodafabrik remains the same as in the previous contract and supplement of 12 October 1874. [That isl All inventions that you make in the course of the contract period and all patents taken out pass into the possession of the company and are to be handed over by you to the company for this purpose. For the specification of your position I make the following remark You have the right to examine all business affairs of the B. Anilin Sodafabrik you have the duty to pursue the pure chemical part into the details and above all to contribute through this to the prosperity of the company... 

In the introduction we noted that both Berzelius and Wohler were fascinated by the fact that two different compounds with different properties, ammonium cyanate and urea, possessed exactly the same molecular fonnula, CH4N2O. Berzelius had studied examples of siimila phenoimena ealier and invented the word isomer to describe different compounds that have the same molecular formula. 

Some forms of protein may have been possessed by the common ancestor of nematodes and vertebrates but subsequendy lost in one line some may be entirely new inventions of either group, modified from an unidentifiable common precursor. 

ER E, the S T organization of the World largest oil company, ExxonMobil, was not very prolific in R D activities related to biocatalytic refining, but was focused on addressing a few key problems identified in BDS. They began in early 1990, with works on gas treatment however, the developments took an oil twist towards the end of the decade when they became involved with heavier hydrocarbon feedstocks. This company possesses inventions, which are protected with six patents ... 

The most important attributes of this invention are high impulse performance coupled with high exit temperature on primary combustion and favorable boron species in the primary motor exhaust. The system is also insensitive to impact and possesses excellent thermal stability at elevated temperatures. Additionally, the system is readily castable since the addition of solid oxidizers is not required. Further, high flexibility in the ballistic properties of the gas generator can be achieved by the addition of solid oxidizers such as ammonium nitrate, ammonium perchlorate, hydroxylammonium perchlorate, potassium perchlorate, lithium perchlorate, calcium nitrate, barium perchlorate, RDX, HMX etc. The oxidizers are preferably powdered to a particle size of about 10 to 350 microns [13]. 

A period of continuous alterations, mishaps, and improvements set in which would have discouraged most other inventors but E. Solvay held on to his cause in the full belief of its value.. .. It certainly required not merely ordinary energy and pre-eminent mechanical skill, such as Solvay did possess, but an almost fanatical belief in the enormous value of his invention, to battle with many years failures and heavy losses, till his conception had ripened to its splendid realization. 

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