Legal Opinion

In Re Vickers

Court of Customs and Patent Appeals

Decided March 6, 1944No. Patent Appeal 4836PublishedCited by 18 opinions

1Opinion of the Court

HATFIELD, Associate Judge.

This is an appeal from the decision of the Board of Appeals of the United States Patent Office affirming the decision of the Primary Examiner rejecting claims 4, 12, 20, 21, and 37 in appellants’ application for a patent for an alleged invention relating to new and useful improvements in oil well pumping apparatus.

Seventeen claims were allowed by the Primary Examiner.

Claim 4 is illustrative of the appealed claims. It reads:

“4. In combination, a cylinder for containing an operating liquid, a reciprocal member in said cylinder, means acting on said member for resisting…

2Cases cited4 opinions

  1. Continental Paper Bag Co. v. Eastern Paper Bag Co.Supreme Court of the United States · 1908
  2. In re KirschbraunCourt of Customs and Patent Appeals · 1930
  3. Excelsior Drum Works v. Sheip & Vandegrift, Inc.U.S. Circuit Court for the District of Eastern Pennsylvania · 1909
  4. In re MatznerCourt of Customs and Patent Appeals · 1932

3Cited by18 opinions

  1. The Gentry Gallery, Inc. v. The Berkline Corporation, Defendant/cross-AppellantCourt of Appeals for the Federal Circuit · 1998
  2. Spectra-Physics, Inc., Appellee/cross-Appellant v. Coherent, Inc., Appellant/crossCourt of Appeals for the Federal Circuit · 1987
  3. Ethicon Endo-Surgery, Inc. v. United States Surgical Corp.Court of Appeals for the Federal Circuit · 1996
  4. Application of Gordon Henry Cook and Peter Arnold MerigoldCourt of Customs and Patent Appeals · 1971
  5. Gordon Gould v. Gerald J. Mossinghoff, Honorable Commissioner of Patents and Trademarks, in His Official CapacityCourt of Appeals for the D.C. Circuit · 1983

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