Legal Opinion

Application of Shortell

Court of Customs and Patent Appeals

Decided April 12, 1949No. Patent Appeal 5545PublishedCited by 14 opinions

1Opinion of the Court

HATFIELD, Judge.

This is an appeal from the decision of the Board of Appeals of the United States Patent Office affirming the decision of the Primary Examiner rejecting claims 1 and 3 to 6, inclusive, in appellant’s application for a patent relating to a hack saw blade. The claims were rejected on the grounds of indefiniteness and lack of invention over the prior art. Claims 7 and 8 were allowed by the Primary Examiner.

At the time of the oral argument in this court, counsel for appellant moved to dismiss the appeal as to claim 4. The motion will- be ■ granted. That leaves four claims for our…

2Cases cited12 opinions

  1. General Electric Co. v. Wabash Appliance Corp.Supreme Court of the United States · 1938
  2. United Carbon Co. v. Binney & Smith Co.Supreme Court of the United States · 1942
  3. In re StattmannCourt of Customs and Patent Appeals · 1944
  4. In re SwensonCourt of Customs and Patent Appeals · 1942
  5. In Re ButlerCourt of Customs and Patent Appeals · 1930

7 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Application of DaltonCourt of Customs and Patent Appeals · 1951
  2. Johnson & Johnson v. Carolina Lee Knitting Co.Court of Appeals for the Fourth Circuit · 1958
  3. Application of Lionel Alexander Bethune PilkingtonCourt of Customs and Patent Appeals · 1969
  4. Application of Sidney DilnotCourt of Customs and Patent Appeals · 1962
  5. Application of Hartmut Steppan, August Rebenstock and Wilhelm NeugebauerCourt of Customs and Patent Appeals · 1967

9 more not listed; retrieve them via the Exa API.

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