Legal Opinion

Application of Benner

Court of Customs and Patent Appeals

Decided April 12, 1949No. Patent Appeal 5520PublishedCited by 16 opinions

1Opinion of the Court

GARRETT, Chief Judge.

This is an appeal from the decision of the Board of Appeals of the United States Patent Office affirming the rejection, by an examiner in Division 38, of seventeen claims numbered 17 to 24, inclusive, and 26 to 34, inclusive, in appellants’ application for patent bearing the broad title “For Ball Mill.” In the Patent Office it was a “Dual Prosecution” case of which Division 25 had general jurisdiction. With respect to claims numbered 35 to 40, inclusive, the jurisdiction of the latter named division was specific and those claims also were rejected by an examiner in that…

2Cases cited14 opinions

  1. In Re ThuauCourt of Customs and Patent Appeals · 1943
  2. Old Town Ribbon & Carbon Co. v. Columbia Ribbon & Carbon Mfg. Co.Court of Appeals for the Second Circuit · 1947
  3. Hall v. ShimadzuCourt of Customs and Patent Appeals · 1932
  4. Braren v. HornerCourt of Customs and Patent Appeals · 1931
  5. In Re CooperCourt of Customs and Patent Appeals · 1943

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

3Cited by16 opinions

  1. In Re SchreiberCourt of Appeals for the Federal Circuit · 1997
  2. Application of HenzeCourt of Customs and Patent Appeals · 1950
  3. In re HackCourt of Customs and Patent Appeals · 1957
  4. Abbott Laboratories and Central Glass Company, Ltd. v. Baxter Pharmaceutical Products, Inc. And Baxter Healthcare Corp., Defendants-CrossCourt of Appeals for the Federal Circuit · 2007
  5. Application of ShackellCourt of Customs and Patent Appeals · 1952

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

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