Legal Opinion

Application of Robert Duva

Court of Customs and Patent Appeals

Decided December 14, 1967No. Patent Appeal 7833PublishedCited by 2 opinions

1Opinion of the Court

SMITH, Judge.

The sole issue to be determined in this appeal is whether the invention as a whole as claimed in the appealed claims of appellant’s application 1 would have been obvious at the time it was made. The examiner based the rejection on 35 U.S.C. § 103 and this rejection was affirmed by the Patent Office Board of Appeals. 2

While the appealed claims are couched in terms of “composition” and “process,” it is appellant’s basic position that all of the appealed claims relate to a single invention, i. e., the chemical, as distinguished from the electrolytic, deposition of gold plate on what…

2Cases cited5 opinions

  1. Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
  2. Kropa v. RobieCourt of Customs and Patent Appeals · 1951
  3. Application of Wilhelm E. Walles, William F. Tousignant and Thomas Houtman, JrCourt of Customs and Patent Appeals · 1966
  4. Application of Victor A. J. Van Lint and Park H. Miller, JrCourt of Customs and Patent Appeals · 1966
  5. Application of Raymond A. BankowskiCourt of Customs and Patent Appeals · 1963

3Cited by2 opinions

  1. MPACT Construction Group, LLC v. Superior Concrete Constructors, Inc.Indiana Supreme Court · 2004
  2. In Re Edgar L. StencelCourt of Appeals for the Federal Circuit · 1987

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