Legal Opinion

In re Dove

Court of Customs and Patent Appeals

Decided March 1, 1949No. 5519Published

1Opinion of the CourtJohnson, Judge

This is an appeal from the decision of the Board of Appeals of the United States Patent Office sustaining the decision of the- Primary-Examiner rejecting, as unpatentable over the prior art, claims 10 and 11, which are all of the claims in appellant’s application for a patent for an overhead door construction, particularly adapted for use as a garage door.

Claim 11 is illustrative and reads as follows:

11. In an overhead door construction of the type having supporting channel members for the door extending at right angles thereto and for counterweights for the door, and fulcrumed on rotatable…

2Cases cited2 opinions

  1. Lincoln Engineering Co. v. Stewart-Warner Corp.Supreme Court of the United States · 1938
  2. Hohlfeld v. PattersonDistrict Court, E.D. Pennsylvania · 1914

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