What is the significance of the In re Grose case in patent examination?
The In re Grose case, cited in MPEP 2144.02, is significant in patent examination because it demonstrates the limitations of applying structural obviousness to complex mixtures. The MPEP states:
“In re Grose, 592 F.2d 1161, 201 USPQ 57 (CCPA 1979) (Court held that different crystal forms of zeolites would not have been structurally obvious one from the other because there was no chemical theory supporting such a conclusion.)”
This case highlights that patent examiners must be cautious when applying general chemical principles to complex structures. It emphasizes the need for specific scientific theories or evidence to support obviousness rejections, especially when dealing with intricate chemical structures or mixtures like zeolites.
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