Legal Opinion
In Re James A. Smith and James H. McLaughlin and Sterling Drug, Inc., Intervenor
Court of Appeals for the Federal Circuit
Decided August 3, 1983No. Appeal 82-592PublishedCited by 88 opinions
1Opinion of the Court
KASHIWA, Circuit Judge.
This is an appeal from the decision of the United States Patent and Trademark Office (the “PTO”) Board of Appeals (the “board”) sustaining the examiner’s rejection of claims 1-3, 8,10-13,18, 23, 25, 26, 28 and 29 in reissue application serial No. 163,300, filed June 27, 1980. Original U.S. Patent No. 4,161,449, entitled “Powdered Carpet Composition” was issued on July 17, 1979, from an application filed September 2,1977. All of the claims at bar stand rejected as unpatentable under, inter alia, 35 U.S.C. § 102(b).1 We affirm the rejections under section 102(b).
The…
2Cases cited28 opinions
- South Corporation and Seal Fleet, Inc. v. The United StatesCourt of Appeals for the Federal Circuit · 1982
- Elizabeth v. Pavement Co.Supreme Court of the United States · 1878
- Egbert v. LippmannSupreme Court of the United States · 1881
- Smith & Griggs Manufacturing Co. v. SpragueSupreme Court of the United States · 1887
- In Re Yarn Processing Patent Validity Litigation. Sauquoit Fibers Company v. Leesona Corporation, Kayser-Roth Corporation (In Its Own Name and D/B/A Kayser-Roth Hosiery Companyand Kayser-Roth Hosiery Co., Inc.) v. Leesona Corporation, Leesona Corporation v. The Duplan CorporationCourt of Appeals for the Fifth Circuit · 1974
23 more not listed; retrieve them via the Exa API.
3Cited by88 opinions
- Moleculon Research Corporation v. Cbs, Inc.Court of Appeals for the Federal Circuit · 1986
- Paragon Podiatry Laboratory, Inc. v. Klm Laboratories, Inc.Court of Appeals for the Federal Circuit · 1993
- Orthokinetics, Inc. v. Safety Travel Chairs, Inc.Court of Appeals for the Federal Circuit · 1986
- Labounty Manufacturing, Inc. v. United States International Trade Commission, Dudley Shearing MacHine Manufacturing Co., Ltd., Intervenor-AppelleeCourt of Appeals for the Federal Circuit · 1992
- Ormco Corporation v. Align TechnologyCourt of Appeals for the Federal Circuit · 2006
83 more not listed; retrieve them via the Exa API.