Legal Opinion

Application of Paul J. Miller

Court of Customs and Patent Appeals

Decided December 18, 1969No. Patent Appeal 8212PublishedCited by 17 opinions

1Opinion of the Court

RICH, Acting Chief Judge.

This appeal is from the decision of the Patent Office Board of Appeals affirming the rejection of claims 10-13 of application serial No. 332,183, filed December 20, 1963, entitled “Measuring Device.” Claims 9 and 14 were allowed in the Examiner’s Answer.

The disclosed invention has for its purpose the solving of the domestic culinary problem of measuring the ingredients from a cookbook recipe in something other than the full recipe. While it contemplates measuring out multiple recipes, for example a double recipe, it particularly contemplates solving the greater…

2Cases cited2 opinions

  1. In Re SterlingCourt of Customs and Patent Appeals · 1934
  2. Application of Edward M. JonesCourt of Customs and Patent Appeals · 1967

3Cited by17 opinions

  1. ASTRAZENECA LP v. Apotex, Inc.Court of Appeals for the Federal Circuit · 2010
  2. King Pharmaceuticals, Inc. v. Eon Labels, IncCourt of Appeals for the Federal Circuit · 2010
  3. In re ChatfieldCourt of Customs and Patent Appeals · 1976
  4. In Re Max A. GulackCourt of Appeals for the Federal Circuit · 1983
  5. C R Bard Inc. v. Angiodynamics, Inc.Court of Appeals for the Federal Circuit · 2020

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