Legal Opinion

In re Barker

Court of Customs and Patent Appeals

Decided July 21, 1977No. Patent Appeal No. 76-659PublishedCited by 31 opinions

1Opinion of the Court

MILLER, Judge.

This appeal is from the decision of the Patent and Trademark Office Board of Appeals (board) rejecting claim 18 in application serial No. 504,317, filed September 9, 1974, for “Prefabricated Shingle Panels.” We affirm.

The Invention

Appellants’ invention is a method of making prefabricated panels of wooden shingles. Their amended specification describes the invention as follows (all italicized material added by amendment; material deleted not shown):

The theory of the regular modular panels shown in Figures 7 and 10 is that they are constructed according to a type established for…

2Cases cited17 opinions

  1. United States v. MenascheSupreme Court of the United States · 1955
  2. Platt v. Union Pacific RailroadSupreme Court of the United States · 1879
  3. Gill v. WellsSupreme Court of the United States · 1874
  4. Application of Heinrich Ruschig, Walter Aumuller, Gerhard Korger, Hans Wagner, Josef Scholz and Alfred BanderCourt of Customs and Patent Appeals · 1967
  5. Evans v. EatonSupreme Court of the United States · 1822

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

3Cited by31 opinions

  1. Ariad Pharmaceuticals, Inc. v. Eli Lilly and Co.Court of Appeals for the Federal Circuit · 2010
  2. Crown Operations International, Ltd. And Marshall H. Krone v. Solutia Inc.Court of Appeals for the Federal Circuit · 2002
  3. University of Rochester v. G.D. Searle & Co., Inc., Monsanto Company, Pharmacia Corporation, and Pfizer Inc.Court of Appeals for the Federal Circuit · 2004
  4. Enzo Biochem, Inc. v. Gen-Probe Inc.Court of Appeals for the Federal Circuit · 2002
  5. In Re Walter Kaslow and Uniform Product Code Council, Inc. (Uppc), IntervenorCourt of Appeals for the Federal Circuit · 1983

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