Legal Opinion

Application of William O. Wesseler

Court of Customs and Patent Appeals

Decided October 20, 1966No. Patent Appeal 7614PublishedCited by 11 opinions

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

  1. Topliff v. TopliffSupreme Court of the United States · 1892
  2. Miller v. Brass Co.Supreme Court of the United States · 1882
  3. Grant v. RaymondSupreme Court of the United States · 1832
  4. Shepard v. CarriganSupreme Court of the United States · 1886
  5. Application of John R. WillinghamCourt of Customs and Patent Appeals · 1960

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

3Cited by11 opinions

  1. Hewlett-Packard Company, Plaintiff/cross-Appellant v. Bausch & Lomb IncorporatedCourt of Appeals for the Federal Circuit · 1989
  2. In Re Elmar W. Weiler and Richard L. MansellCourt of Appeals for the Federal Circuit · 1986
  3. Ball Corporation v. The United StatesCourt of Appeals for the Federal Circuit · 1984
  4. Reeves Brothers, Inc. v. US Laminating Corp.District Court, E.D. New York · 1968
  5. In re WadlingerCourt of Customs and Patent Appeals · 1974

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

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