Legal Opinion

Application of Levin

Court of Customs and Patent Appeals

Decided December 12, 1949No. Patent Appeal 5625PublishedCited by 6 opinions

1Opinion of the Court

O’CONNELL, 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 1-10 in appellant’s application for a patent for an alleged invention relating to an improved food product and a method of making it.

Claims 1-5 and claim 10 are for the product and claims 6-9 for the method. Claims 3, 4, 6, and 9 are illustrative and read as follows:

“3. A butter substitute food product comprising an emulsion of oil-in-water type having water as its continuous phase and a dispersed phase comprising…

2Cases cited7 opinions

  1. In Re HassCourt of Customs and Patent Appeals · 1944
  2. In re SwensonCourt of Customs and Patent Appeals · 1942
  3. P. E. Sharpless Co. v. Crawford Farms, Inc.Court of Appeals for the Second Circuit · 1923
  4. In re SwainCourt of Customs and Patent Appeals · 1946
  5. In re WhiteCourt of Customs and Patent Appeals · 1930

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

3Cited by6 opinions

  1. In Re KaufmannCourt of Customs and Patent Appeals · 1951
  2. Petito v. Puritan's Pride, Inc.District Court, S.D. New York · 2014
  3. Merck & Co. v. Olin Mathieson Chemical Corp.District Court, W.D. Virginia · 1957
  4. Application of NeelyCourt of Customs and Patent Appeals · 1953
  5. In re VennerCourt of Customs and Patent Appeals · 1958

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

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