Legal Opinion

In re Buehler

Court of Customs and Patent Appeals

Decided May 22, 1975No. 74-613PublishedCited by 6 opinions

1Opinion of the Court

LANE, Judge.

This appeal is from the decision of the Patent and Trademark Office Board of Appeals affirming the rejection of all claims (8 — 14 and 23 — 28) in appellant’s patent application serial No. 788,135, filed December 31, 1968, for “Method and Apparatus for Continuously Casting Wire or the Like.” All claims were rejected on two grounds: (1) obvious subject matter under 35 U.S.C. § 103, and (2) double patenting of the “obviousness-type” wherein no terminal disclaimer has been filed. We reverse.

The Invention

Appellant’s invention pertains to a method of continuously casting 55 —…

2Cases cited5 opinions

  1. Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
  2. Application of Virgil W. Vogel and Paul W. VogelCourt of Customs and Patent Appeals · 1970
  3. Harpman v. WatsonDistrict Court, District of Columbia · 1959
  4. Application of Frank B. Rosenberger and Corwin R. BrandtCourt of Customs and Patent Appeals · 1968
  5. Application of John J. Van Venrooy and Walter L. BorkowskiCourt of Customs and Patent Appeals · 1969

3Cited by6 opinions

  1. Timely Products Corporation, Raphael J. Costanzo v. Stanley ArronCourt of Appeals for the Second Circuit · 1975
  2. In Re Walter Kaslow and Uniform Product Code Council, Inc. (Uppc), IntervenorCourt of Appeals for the Federal Circuit · 1983
  3. In re FreemanCourt of Customs and Patent Appeals · 1978
  4. In re AveryCourt of Customs and Patent Appeals · 1975
  5. Louis Marx & Co., Inc. v. Buddy L Corp.District Court, S.D. New York · 1978

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