
    RUSKIN v. COE, Com’r of Patents.
    Civil Action No. 19084.
    District Court of the United States for the District of Columbia.
    Jan. 10, 1945.
    Karl Fenning, of Washington, D. C., and Lackenbach & Hirschman, of New York City, for plaintiff.
    W. W. Cochran, Sol., U. S. Patent Office, of Washington, D. G, for defendant.
   BAILEY, Justice.

The plaintiff is seeking a patent on a calcium salt of laevo-ascorbic acid for use as a therapeutical agent. This salt is old and using it as a medical preparation is not invention. However, the plaintiff is also claiming a patent on this salt mixed with an anti-oxidation stabilizing agent. By the use of this combination he has rendered this calcium salt, which was not before apparently of any use, a useful therapeutical agent. I think, therefore, he is entitled to a patent comprising his claims numbered 23 and 30, which are as follows:

“23. A medicinal preparation for injection into the animal organism for the treatment of calcium deficiency diseases and consisting essentially of a substantially pure calcium salt of laevo ascorbic acid mixed with an anti-oxidation stabilizing agent.
“30. The method of obtaining a medicinal preparation consisting essentially of substantially pure calcium laevo-ascorbate, which comprises reacting an aqueous solution of substantially pure laevo-ascorbic acid with calcium carbonate, whereby carbon dioxide remains dissolved in the solution of the calcium salt, and adding to the solution an anti-oxidation stabilizing agent.”

The remaining claims are denied.  