Legal Opinion

Application of Claus L. Sporck

Court of Customs and Patent Appeals

Decided May 4, 1962No. Patent Appeal 6709PublishedCited by 32 opinions

1Opinion of the Court

SMITH, Judge.

This appeal is from a decision of the Patent Office Board of Appeals which affirmed the examiner’s rejection of claims 1-5, inclusive, of appellant’s application serial No. 536,086 for a method of forming hollow, frusto-conical articles from flat metal stock. The claims were rejected under 35 U.S.C. § 103 as being obvious in view of the following references:

Kelley et al. 1,901,035 Mar. 14, 1933

Lindgren Re. 19,790 Dec. 17, 1935

British Patent 436,768 Oct. 17, 1935

Claim 1 is typical of the claims on appeal and reads as follows:

“1. The method of making a hollow generally…

2Cases cited9 opinions

  1. Goodyear Tire & Rubber Co. v. Ray-O-Vac Co.Supreme Court of the United States · 1944
  2. Expanded Metal Co. v. BradfordSupreme Court of the United States · 1909
  3. Western States MacH. Co. v. S. S. Hepworth Co.Court of Appeals for the Second Circuit · 1945
  4. Application of OsplackCourt of Customs and Patent Appeals · 1952
  5. In re DeLanceyCourt of Customs and Patent Appeals · 1947

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3Cited by32 opinions

  1. Panduit Corporation v. Dennison Manufacturing Co.Court of Appeals for the Federal Circuit · 1987
  2. Monroe Auto Equipment Company v. Heckethorn Manufacturing & Supply CompanyCourt of Appeals for the Sixth Circuit · 1964
  3. In re SponnobleCourt of Customs and Patent Appeals · 1969
  4. Application of Richard E. Warner and Virginia Ann WarnerCourt of Customs and Patent Appeals · 1967
  5. In re NomiyaCourt of Customs and Patent Appeals · 1975

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

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