Legal Opinion

In re Fielder

Court of Customs and Patent Appeals

Decided January 18, 1973No. Patent Appeal No. 8788PublishedCited by 26 opinions

1Opinion of the Court

LANE, Judge.

This appeal is from the decision of the Board of Appeals sustaining the examiner’s rejection of the sole remaining claim in appellants’ application1 for “Tabulating Type Ballot Construction” as unpatentable under 35 U.S.C. § 103. We affirm.

The Subject Matter

Appellants claim a voting ballot of defined structure. The ballot is constructed to allow a voter to indicate his preference in an election by selectively puncturing perforated areas placed next to the names of the candidates or the answers to referendum questions.

The structure of the ballot is shown in Figure 1 as follows:

[[Ima…

2Cases cited20 opinions

  1. Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
  2. Blonder-Tongue Laboratories, Inc. v. University of Illinois FoundationSupreme Court of the United States · 1971
  3. Great Atlantic & Pacific Tea Co. v. Supermarket Equipment Corp.Supreme Court of the United States · 1951
  4. Anderson's-Black Rock, Inc. v. Pavement Salvage Co.Supreme Court of the United States · 1969
  5. Reeves Instrument Corporation and Dynamics Corporation of America v. Beckman Instruments, IncorporatedCourt of Appeals for the Ninth Circuit · 1971

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

3Cited by26 opinions

  1. Stratoflex, Inc. v. Aeroquip CorporationCourt of Appeals for the Federal Circuit · 1983
  2. Merck & Co. v. Teva Pharmaceuticals USA, Inc.Court of Appeals for the Federal Circuit · 2005
  3. Robert L. Jones and Labrado, Inc. v. Alex HardyCourt of Appeals for the Federal Circuit · 1984
  4. In Re Howard SernakerCourt of Appeals for the Federal Circuit · 1983
  5. In Re Frank N. Piasecki and Donald N. MeyersCourt of Appeals for the Federal Circuit · 1984

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

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