Legal Opinion

Rolland C. Higley v. Edward J. Brenner, Commissioner of Patents

Court of Appeals for the D.C. Circuit

Decided December 13, 1967No. 20779_1PublishedCited by 16 opinions

1Opinion of the Court

TAMM, Circuit Judge:

Appellant Higley sought a patent on a tractor-drawn frame or subsoil tiller — an oscillating groundworking implement which, by imparting a vibrating motion to the tools, not only can penetrate the soil to a depth of two and one half feet but can thereupon simultaneously shatter both hardpan and subsoil. The Patent Office rejected his application, and the Board of Appeals affirmed that rejection. 1 He then brought suit in the District Court below under 35 U.S.C. § 145 2 to compel issuance of a patent. The District Court dismissed the suit, and the present appeal was taken.

Th…

2Cases cited18 opinions

  1. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  2. Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
  3. Great Atlantic & Pacific Tea Co. v. Supermarket Equipment Corp.Supreme Court of the United States · 1951
  4. The Barbed Wire PatentSupreme Court of the United States · 1892
  5. Hotchkiss v. GreenwoodSupreme Court of the United States · 1851

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

3Cited by16 opinions

  1. Saf-Gard Products, Inc. v. Service Parts, Inc.Court of Appeals for the Ninth Circuit · 1976
  2. Commissioner of Patents v. Deutsche Gold-Und-Silber-Scheideanstalt Vormals RoesslerCourt of Appeals for the D.C. Circuit · 1968
  3. Flour City Architectural Metals v. Alpana Aluminum Products, Inc., Alpana Aluminum Products, Inc. v. Flour City Architectural MetalsCourt of Appeals for the Eighth Circuit · 1972
  4. Panduit Corporation v. Burndy Corporation and Burndy Midwest, Inc.Court of Appeals for the Seventh Circuit · 1975
  5. Continental Can Company, Inc. v. Crown Cork & Seal Company, Inc.Court of Appeals for the Third Circuit · 1969

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

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