1. Anticipation II Patent Law Sept. 16, 2004

2. Novelty § 102 A person is not entitled to a patent if the invention was: in the prior art (as defined by § 102 (a), (e), (g))

3. In re Hafner Klaus Hafner, Univ of Darmstadt, GDR

4. In re Hafner German Apps filed 1959Aug. 1960 1 st US App filed July, 1964 Expanded US App filed

5. 35 USC Sec. 120 US Implementation of international “Paris Convention” for patent priority (1890) (www.wipo.org) Preserves US priority based on foreign priority filing “National Treatment” principle

6. In re Hafner German Apps filed 1959 Aug. 1960 1 st US App filed July, 1964 Expanded US App filed Inter- vening Ref 1 Intervening Ref 2

7. Hafner, cont’d What is Hafner’s argument? –What is “inconsistent and unfair”? What is Judge Rich’s holding?

8. Hafner, cont’d What is Hafner’s argument? –What is “inconsistent and unfair”? What is Judge Rich’s holding? –TOO BAD!

9. Hafner: Structure vs. Use 1959/1960 Structure Disclosure

10. Use Disclosure US Pat Application 1964 C-I-P I have found this chemical useful for treating cancer...

11. In re Hafner German Apps filed 1959Aug. 1960 1 st US App filed July, 1964 Expanded US App filed US Pat Application 1964 C-I-P I have found this chemical useful for treating cancer... +

12. What is Judge Rich’s Attitude About this result? See p. 381 Is he right? –Unfair? –Product (Structure) Claim...

13. Titanium Metals

14. Claim 1: A titanium base alloy consisting essentially by weight of about 0.6% to 0.9% nickel, 0.2% to 0.4% molybdenum, up to 0.2% maximum iron, balance titanium, said alloy being characterized by good corrosion resistance in hot brine environments.

15. Hot Brine Thickener

16. Hot Brine Clarifier

17. Titanium Metals What prior art was cited? Why did the examiner say it anticipated?

18. Did the Russian article disclose all or many of the alloys claimed by Covington and Palmer? How many alloys claimed, how many disclosed in Russian article? Why should this anticipate?

19. Titanium Metals One Point on this graph destroys patent- ability!

20. Genus claimed by Titanium Metals Embodiments enabled and described in Russian publication X 1 point on 1 graph in article; meets range limitations of claim

21. Corrosion Resistance Property What is Titanium Metals’ argument? What does Judge Rich say?

22. Corrosion Resistance Property What is Titanium Metals’ argument? What does Judge Rich say? WHAT DO THE CLAIMS COVER?

23. Claim 1: A titanium base alloy consisting essentially by weight of about 0.6% to 0.9% nickel, 0.2% to 0.4% molybdenum, up to 0.2% maximum iron, balance titanium, said alloy being characterized by good corrosion resistance in hot brine environments. Irrelevant?