Legal Opinion

In Re Carol F. Klopfenstein and John L. Brent, Jr

Court of Appeals for the Federal Circuit

Decided August 18, 2004No. 03-1583PublishedCited by 60 opinions

1Opinion of the Court

PROST, Circuit Judge.

Carol Klopfenstein and John Brent appeal a decision from the Patent and Trademark Office’s Board of Patent Appeals and Interferences (“Board”) upholding the denial of their patent application. The Board upheld the Patent and Trademark Office’s (“PTO’s”) initial denial of their application on the ground that the invention described in the patent application was not novel under 35 U.S.C. § 102(b) because it had already been described in a printed publication more than one year before the date of the patent application. We affirm.

BACKGROUND

A

The appellants applied for a…

2Cases cited8 opinions

  1. Constant v. Advanced Micro-Devices, Inc.Court of Appeals for the Federal Circuit · 1988
  2. In Re Leo M. HallCourt of Appeals for the Federal Circuit · 1986
  3. In re WyerCourt of Customs and Patent Appeals · 1981
  4. In Re Marshall W. CronynCourt of Appeals for the Federal Circuit · 1989
  5. Massachusetts Institute of Technology v. Ab Fortia, Pharmacia Ab, Pharmacia Fine Chemicals Ab, Pharmacia, Inc. And U.S. International Trade CommissionCourt of Appeals for the Federal Circuit · 1985

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3Cited by60 opinions

  1. Cordis Corp. v. Boston Scientific Corp.Court of Appeals for the Federal Circuit · 2009
  2. In Re NTP, Inc.Court of Appeals for the Federal Circuit · 2011
  3. SRI International, Inc. v. Internet Security Systems, Inc.Court of Appeals for the Federal Circuit · 2008
  4. Bruckelmyer v. Ground Heaters, Inc.Court of Appeals for the Federal Circuit · 2006
  5. In Re ListerCourt of Appeals for the Federal Circuit · 2009

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