Legal Opinion

Rembert v. Coe

Court of Appeals for the D.C. Circuit

Decided June 14, 1943No. 8185PublishedCited by 6 opinions

1Opinion of the Court

MILLER, Associate Justice.

The Patent Office denied the application of Rembert and Jenkins for a patent .upon a cementitious composition and article, and for the method of making them. In a proceeding under Revised Statutes, Section 4915,1 the District Court decided that nothing recited in appellants’ claims amounts to an invention over the prior art; and dismissed the complaint.

On this appeal, the utility and commercial success of the product were urged in support of invention. These factors were conceded in the Patent Office; and, of course, are not sufficient in themselves to require the…

2Cases cited5 opinions

  1. Kirsch Mfg. Co. v. Gould Mersereau Co.Court of Appeals for the Second Circuit · 1925
  2. Minnesota Mining & Mfg. Co. v. CoeCourt of Appeals for the D.C. Circuit · 1938
  3. Ruben Condenser Co. v. Copeland Refrigeration Corp.Court of Appeals for the Second Circuit · 1936
  4. L. Sonneborn Sons, Inc. v. CoeCourt of Appeals for the D.C. Circuit · 1939
  5. Morrison v. CoeCourt of Appeals for the D.C. Circuit · 1941

3Cited by6 opinions

  1. Potts v. CoeCourt of Appeals for the D.C. Circuit · 1944
  2. Blanchard v. OomsCourt of Appeals for the D.C. Circuit · 1946
  3. Town v. WillisDistrict Court, W.D. Missouri · 1949
  4. Application of BlondiauCourt of Customs and Patent Appeals · 1950
  5. Asseff v. KingslandDistrict Court, District of Columbia · 1949

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