Legal Opinion

In re Winkhaus

Court of Customs and Patent Appeals

Decided December 18, 1975No. Patent Appeal No. 75-611PublishedCited by 12 opinions

1Opinion of the Court

RICH, Judge.

This appeal is from the decision of the Patent and Trademark Office Board of Appeals affirming the rejection under 35 U.S.C. § 102(a) of claims 25, 27, 31-33, and 35 in appellants’ application, serial No. 57,080, filed July 22, 1970, for “Process and Apparatus for the Wet Preparation of Substances, such as Minerals and Ores,” on a patent to Tusche and the rejection under 35 U.S.C. § 132 of claims 24 and 26 as being drawn to “new matter.” We affirm.

The Invention

All appealed claims are directed to a method of reacting ores and other solids with a wet reagent. Fig. 1 of the…

2Cases cited4 opinions

  1. Graver Tank & Mfg. Co. v. Linde Air Products Co.Supreme Court of the United States · 1949
  2. Application of Charles D. Prater and James WeiCourt of Customs and Patent Appeals · 1969
  3. In re SmytheCourt of Customs and Patent Appeals · 1973
  4. Application of Gordon Henry Cook and Peter Arnold MerigoldCourt of Customs and Patent Appeals · 1971

3Cited by12 opinions

  1. In re RasmussenCourt of Customs and Patent Appeals · 1981
  2. Nathaniel H. Kolmes and Harold F. Plemmons v. World Fibers Corporation, and World Elastic Corporation, Dean R. Andrews and Gregory v. AndrewsCourt of Appeals for the Federal Circuit · 1997
  3. In re BarkerCourt of Customs and Patent Appeals · 1977
  4. Biacore, AB v. Thermo Bioanalysis Corp.District Court, D. Delaware · 1999
  5. In re KollerCourt of Customs and Patent Appeals · 1980

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