Legal Opinion

Application of Wilhelm E. Walles, William F. Tousignant and Thomas Houtman, Jr

Court of Customs and Patent Appeals

Decided October 6, 1966No. Patent Appeal 7400PublishedCited by 19 opinions

1Opinion of the Court

SMITH, Judge.

Appealed claims 1-7 were rejected as “unpatentable over” the claims of a patent to Tousignant et al. This rejection was affirmed by the Board of Appeals. We find the rejection to be improper and therefore reverse the decision of the board.

After an extensive prosecution, the appealed claims stood rejected in view of *787the patent previously issued to appellants. While the rejection has been sometimes couched in terms of “double patenting” below, we will first set forth the relationship between the appealed claims and the patent claims before attempting to ascertain the basis for the…

2Cases cited11 opinions

  1. Kropa v. RobieCourt of Customs and Patent Appeals · 1951
  2. Application of Max O. RobesonCourt of Customs and Patent Appeals · 1964
  3. In re SarettUnited States Customs Court · 1964
  4. Application of Saul KayeCourt of Customs and Patent Appeals · 1964
  5. Application of StanleyCourt of Customs and Patent Appeals · 1954

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

3Cited by19 opinions

  1. In Re Edgar L. StencelCourt of Appeals for the Federal Circuit · 1987
  2. Studiengesellschaft Kohle Mbh, as Trustee for the Max-Planck-Institut Fur Kohlenforschung v. Northern Petrochemical CompanyCourt of Appeals for the Federal Circuit · 1986
  3. Application of Francis J. BoylanCourt of Customs and Patent Appeals · 1968
  4. EI DuPont De Nemours and Co. v. Monsanto Co.District Court, D. Delaware · 1995
  5. Wells Mfg. Corp., a Wisconsin Corporation v. Littelfuse, Inc., a Texas CorporationCourt of Appeals for the Seventh Circuit · 1976

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

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