Legal Opinion

In Re John D. Webb, Jr., Roy Y. Hori, and George E. Simpson

Court of Appeals for the Federal Circuit

Decided October 11, 1990No. 90-1176PublishedCited by 19 opinions

1Opinion of the Court

CLEVENGER, Circuit Judge.

This is an appeal from a decision of the U.S. Patent and Trademark Office Board of Patent Appeals and Interferences (“Board”) affirming the final rejection of the sole claim of appellants’ (“Webb”) U.S. Design Patent Application Serial No. 833,-470. The claim for “[t]he ornamental design for a grooved femoral hip stem prosthesis as shown and described,” was “rejected as being unpatentable under 35 U.S.C. § 171 as being directed to non-statutory subject matter.” The design can be appreciated from Figure 2 of the application reproduced below.

The Board affirmed the…

2Cases cited6 opinions

  1. Gorham Co. v. WhiteSupreme Court of the United States · 1872
  2. Application of StevensCourt of Customs and Patent Appeals · 1949
  3. In re ZahnCourt of Customs and Patent Appeals · 1980
  4. Application of Vannevar BushCourt of Customs and Patent Appeals · 1961
  5. In re CornwallCourt of Customs and Patent Appeals · 1956

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

3Cited by19 opinions

  1. Static Control Components, Inc. v. Lexmark International, Inc.Court of Appeals for the Sixth Circuit · 2012
  2. Seiko Epson Corporation and Epson America, Inc. v. Nu-Kote International, Inc. And Pelikan Produktions, A.G., Defendants-CrossCourt of Appeals for the Federal Circuit · 1999
  3. International Seaway Trading Corp. v. Walgreens Corp.Court of Appeals for the Federal Circuit · 2009
  4. KeyStone Retaining Wall Systems, Inc. v. Westrock, Inc.Court of Appeals for the Federal Circuit · 1993
  5. Contessa Food Products, Inc. v. Conagra, Inc.Court of Appeals for the Federal Circuit · 2002

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