Legal Opinion

In re Theis

Court of Customs and Patent Appeals

Decided December 6, 1979No. Appeal No. 79-574PublishedCited by 53 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 rejection of claims 11—23, all claims in application serial No. 604,930, filed August 15, 1975, entitled “Programmed Conversation Recording System.” 1 The claims were rejected under 35 U.S.C. § 102(b) as drawn to subject matter which had been on sale for more than one year prior to the filing date of the parent application. We affirm.

The Invention

Appellant’s invention is a system capable of simulating a conversation with a respondent. The system is programmed with a…

2Cases cited17 opinions

  1. Elizabeth v. Pavement Co.Supreme Court of the United States · 1878
  2. Smith & Griggs Manufacturing Co. v. SpragueSupreme Court of the United States · 1887
  3. Consolidated Fruit-Jar Co. v. WrightSupreme Court of the United States · 1877
  4. Metallizing Engineering Co. v. Kenyon Bearing & Auto Parts Co.Court of Appeals for the Second Circuit · 1946
  5. James C. Hobbs v. United States of America, Atomic Energy CommissionCourt of Appeals for the Fifth Circuit · 1971

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3Cited by53 opinions

  1. Barmag Barmer Maschinenfabrik Ag v. Murata MacHinery Ltd., and Murata of America, Inc.Court of Appeals for the Federal Circuit · 1984
  2. Allen Engineering Corporation v. Bartell Industries, Inc. And Darragh CompanyCourt of Appeals for the Federal Circuit · 2002
  3. Paragon Podiatry Laboratory, Inc. v. Klm Laboratories, Inc.Court of Appeals for the Federal Circuit · 1993
  4. Labounty Manufacturing, Inc. v. United States International Trade Commission, Dudley Shearing MacHine Manufacturing Co., Ltd., Intervenor-AppelleeCourt of Appeals for the Federal Circuit · 1992
  5. The D.L. Auld Company v. Chroma Graphics Corp.Court of Appeals for the Federal Circuit · 1983

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