Legal Opinion
In Re Howard Sernaker
Court of Appeals for the Federal Circuit
Decided February 28, 1983No. Appeal 82-579; Serial 916,018PublishedCited by 92 opinions
1Opinion of the Court
NICHOLS, Circuit Judge.
This case is before us on appeal from the decision of the Patent and Trademark Office Board of Appeals (board). In a 2-1 decision, the board affirmed the examiner’s rejection, under 35 U.S.C. § 103, of claims 1-6 and 8-11 in appellant’s application serial No. 916,018, filed June 15, 1978, entitled “Embroidered Transfer and Method of Making.” These claims comprise all the claims in the case. We reverse.
I
Background
A. The Invention
Appellant has invented a type of embroidered emblem and a method of making the same. Claims 1 and 10, the only independent claims in appellant’s…
2Cases cited10 opinions
- Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
- South Corporation and Seal Fleet, Inc. v. The United StatesCourt of Appeals for the Federal Circuit · 1982
- In re RinehartCourt of Customs and Patent Appeals · 1976
- In re FielderCourt of Customs and Patent Appeals · 1973
- In re BurckelCourt of Customs and Patent Appeals · 1979
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3Cited by92 opinions
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- Lindemann Maschinenfabrik Gmbh v. American Hoist and Derrick Company, Harris Press and Shear Division, Commercial Metals CompanyCourt of Appeals for the Federal Circuit · 1984
- Environmental Designs, Ltd. And the Trentham Corporation v. Union Oil Company of California and Ralph M. Parsons Co.Court of Appeals for the Federal Circuit · 1983
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