Legal Opinion
In re Wertheim
Court of Customs and Patent Appeals
Decided April 9, 1981No. Appeal No. 80-603PublishedCited by 18 opinions
1Opinion of the Court
RICH, Judge.
This appeal is from the decision of the Patent and Trademark Office (PTO) Board of Appeals (board) affirming the final rejection under 35 U.S.C. § 103 of claims 37, 38, and 44 in application serial No. 96,285, filed by Wertheim and Mishkin (Wertheim) December 8, 1970, entitled “Drying Method.” We reverse.
At the outset, we note the prolonged, if not tortuous, prosecution of the present application. During the past decade, this application has appeared before us once before, In re Wertheim, 541 F.2d 257, 191 USPQ 90 (1976) (Wertheim I), and has been involved in an aborted…
2Cases cited12 opinions
- Alexander Milburn Co. v. Davis-Bournonville Co.Supreme Court of the United States · 1926
- In re WertheimCourt of Customs and Patent Appeals · 1976
- Hazeltine Research, Inc. v. BrennerSupreme Court of the United States · 1965
- Application of Frantz Lund and Wagn Ole GodtfredsenCourt of Customs and Patent Appeals · 1967
- Application of Robert J. HarryCourt of Customs and Patent Appeals · 1964
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3Cited by18 opinions
- Verdegaal Brothers, Inc., William Verdegaal, George Verdegaal v. Union Oil Company of California, Brea Agricultural Services, Inc.Court of Appeals for the Federal Circuit · 1987
- Purdue Pharma L.P. v. Boehringer Ingelheim GmbHCourt of Appeals for the Federal Circuit · 2001
- Gilbert P. Hyatt v. Gary W. BooneCourt of Appeals for the Federal Circuit · 1998
- Riverwood International Corporation v. R.A. Jones & Co., Inc., Defendant-CrossCourt of Appeals for the Federal Circuit · 2003
- Dynamic Drinkware, LLC v. National Graphics, Inc.Court of Appeals for the Federal Circuit · 2015
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