Legal Opinion

In re Loehr

Court of Customs and Patent Appeals

Decided August 29, 1974No. Patent Appeal No. 9212PublishedCited by 3 opinions

1Opinion of the Court

LANE, Judge.

This appeal is from the decision of the Patent Office Board of Appeals rejecting claims 2, 4, 5, 8, 10 and 11 in appellant’s application1 on a new ground pursuant to Patent Office Rule 196(b), 37 CFR 1.196(b). Claim 12 stands allowed. The main issue in this appeal is whether the Board of Appeals has statutory administrative jurisdiction to reject appealed claims on new grounds. We affirm on this issue.

The Invention

Claim 8 adequately exemplifies the claimed subject matter for our disposition of this appeal:

8. In the process for producing pigmentary metal oxide by vapor phase…

2Cases cited7 opinions

  1. Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
  2. Butterworth v. United States Ex Rel. HoeSupreme Court of the United States · 1884
  3. Application of Arthur v. HughesCourt of Customs and Patent Appeals · 1965
  4. Application of John Edward JamesCourt of Customs and Patent Appeals · 1970
  5. Application of Le BaronCourt of Customs and Patent Appeals · 1955

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. In re HayashibaraCourt of Customs and Patent Appeals · 1975
  2. The Aleut Tribe v. The United StatesCourt of Appeals for the Federal Circuit · 1983
  3. The Aleut Tribe v. The United StatesCourt of Appeals for the Federal Circuit · 1983

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