Application of William O. Wesseler
Court of Customs and Patent Appeals
1Opinion of the Court
SMITH, Judge.
This appeal presents two issues: first, whether appellant-patentee, in claiming less than he had a right to claim in his patent, 1 is entitled under 35 U.S.C. § 251 to a reissue of that patent containing appealed claims 6, 7, 13, 14 and 15 which are asserted to be properly commensurate with the scope of his invention ; second, whether he has inserted new matter in appealed claims 4 and 5 in his application for reissue 2 contrary to section 251.
Claims 6, 7, 13, 14 and 15 stand rejected on the ground that they are improperly presented in a reissue application in that appellant did…
2Cases cited14 opinions
- Topliff v. TopliffSupreme Court of the United States · 1892
- Miller v. Brass Co.Supreme Court of the United States · 1882
- Grant v. RaymondSupreme Court of the United States · 1832
- Shepard v. CarriganSupreme Court of the United States · 1886
- Application of John R. WillinghamCourt of Customs and Patent Appeals · 1960
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3Cited by11 opinions
- Hewlett-Packard Company, Plaintiff/cross-Appellant v. Bausch & Lomb IncorporatedCourt of Appeals for the Federal Circuit · 1989
- In Re Elmar W. Weiler and Richard L. MansellCourt of Appeals for the Federal Circuit · 1986
- Ball Corporation v. The United StatesCourt of Appeals for the Federal Circuit · 1984
- Reeves Brothers, Inc. v. US Laminating Corp.District Court, E.D. New York · 1968
- In re WadlingerCourt of Customs and Patent Appeals · 1974
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