Legal Opinion

Application of Ray

Court of Customs and Patent Appeals

Decided September 30, 1952No. Patent Appeal 5897Published

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 the Primary Examiner, hereinafter referred to as the examiner, of claims 1, 4, 5, and 9 of appellant’s application for a patent for “Electromagnetically Controlled Operator.”

Two claims numbered respectively 7 and 10 were allowed by the examiner.

Appealed claim 1 is typical of all the appealed claims. It -reads :

“1. In an electromagnetically controlled device: an electromagnet -comprising a core member and a coil in flux-inducing relation to the core…

2Cases cited11 opinions

  1. General Electric Co. v. Wabash Appliance Corp.Supreme Court of the United States · 1938
  2. Davis Sewing Mach. Co. v. New Departure Mfg. Co.Court of Appeals for the Sixth Circuit · 1914
  3. Heidbrink v. McKessonCourt of Appeals for the Sixth Circuit · 1923
  4. Application of DaltonCourt of Customs and Patent Appeals · 1951
  5. Mastoras v. HildrethCourt of Appeals for the Ninth Circuit · 1920

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