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45 J. Pat. Off. Soc'y 380 (1963)
The Limitations and Advantages of Infrared Spectroscopy in Patent Problems

handle is hein.journals/jpatos45 and id is 406 raw text is: Journal of the Patent Office Society The Limitations and Advantages of Infrared Spectroscopy in Patent Problems* By ELLIS R. LIPPINCOTT t ABSTRACT The methods of characterizing chemical compounds and products from infrared spectral data are well estab- lished and are continually used by all major modern industrial and academic laboratories. In patent practice, special importance attaches to the ability of infrared techniques to recognize each recurrence of a composition of matter, even when its molecular structure is unknown. This paper attempts to set forth what limitations apply to this use of infrared spectral data, and within those limitations, what arda of confident recognition remains. It is pointed out that the competent spectroscopist can always recognize the possibility of uncertainty in his own findings. Good spectroscopic practice is discussed, and certain practices in publication are described. Other physical methods that are useful in product recognition or structure determination, such as ultraviolet, Raman, X-ray, nuclear magnetic resonance etc., are described briefly. The legal setting into which infrared data is called in patent practice is summarized. As chemists have come to rely more and more, in various ways, upon iiifrared spectral data, it is not sur- prising that such informative material has begun to make its way more and more into patents in the chemical field. The entry of infrared spectral data into patents has caused a certain amount of misunderstanding among both patent people and chemists. What seems most to be needed is an unequivocal statement defining the areas of * Presented at the Spring National Meeting, American Chemical Society, Washington, D. C. t Department of Chemistry, University of Maryland, College Park, Maryland.

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