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Legal Opinion

In re Wertheim

Court of Customs and Patent Appeals

Decided August 26, 1976No. Patent Appeal No. 75-536PublishedCited by 86 opinions

1Opinion of the Court

RICH, Judge.

This appeal is from the decision 'of the Patent and Trademark Office (PTO) Board of Appeals affirming the final rejection of claims 1-43, all the claims in application serial No. 96,285, filed December 8, 1970, entitled “Drying Method.”1 The appeal on claims 3, 5, 36, and 39 has been withdrawn, and as to these claims it is, therefore, dismissed. As to the remaining claims, we affirm in part and reverse in part.

The Invention

Appellants’ invention centers around a process for making freeze-dried instant coffee. Claims 1, 6, 30, and 40 are illustrative:

1. An improved process for…

2Cases cited37 opinions

  1. Kropa v. RobieCourt of Customs and Patent Appeals · 1951
  2. Application of Heinrich Ruschig, Walter Aumuller, Gerhard Korger, Hans Wagner, Josef Scholz and Alfred BanderCourt of Customs and Patent Appeals · 1967
  3. Application of Virgil W. Vogel and Paul W. VogelCourt of Customs and Patent Appeals · 1970
  4. In re SmytheCourt of Customs and Patent Appeals · 1973
  5. Application of Carl A. Lukach, Setha G. Olson and Harold M. SpurlinCourt of Customs and Patent Appeals · 1971

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3Cited by86 opinions

  1. W.L. Gore & Associates, Inc., Appellant/cross-Appellee v. Garlock, Inc., Appellee/cross-AppellantCourt of Appeals for the Federal Circuit · 1983
  2. Vas-Cath Incorporated and Gambro, Inc. v. Sakharam D. Mahurkar, and Quinton Instruments CompanyCourt of Appeals for the Federal Circuit · 1991
  3. All Dental Prodx, LLC and Dmg Dental-Material Gesellschaft Mbh v. Advantage Dental Products, IncCourt of Appeals for the Federal Circuit · 2002
  4. Martek Biosciences Corp. v. Nutrinova, Inc.Court of Appeals for the Federal Circuit · 2009
  5. Moba, B v. Staalkat, B v. and Fps Food Processing Systems, Inc., Plaintiffs-Cross v. Diamond Automation, Inc.Court of Appeals for the Federal Circuit · 2003

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