Legal Opinion
In re McKellin
Court of Customs and Patent Appeals
Decided January 22, 1976No. Patent Appeal No. 75-539PublishedCited by 15 opinions
1Opinion of the Court
LANE, Judge.
This is an appeal from the decision of the Patent and Trademark Office Board of Appeals affirming the examiner’s rejection of claims 6, 7, 10-18, and 21-25, all of the claims in application serial No. 866,420, filed September 30, 1969, for *1325“New Yulcanizable and Vulcanized Compositions Containing Polyperoxide.” We reverse.
Background
Appellants’ application returned to ex parte prosecution after appellants lost an interference with United States Letters Patent 3,409,600 to P. R. A. Maltha and S. B. Tijssen. None of the claims on appeal were counts. The sole basis of rejection is…
2Cases cited18 opinions
- Application of Robert J. HarryCourt of Customs and Patent Appeals · 1964
- In re BassCourt of Customs and Patent Appeals · 1973
- Application of Hans Hilmer, Gerhard Korger, Rudi Weyer and Walter AumullerCourt of Customs and Patent Appeals · 1966
- Arthur W. Schnick v. Lawrence E. FennCourt of Customs and Patent Appeals · 1960
- In re NomiyaCourt of Customs and Patent Appeals · 1975
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3Cited by15 opinions
- Studiengesellschaft Kohle Mbh, as Trustee for the Max-Planck-Institut Fur Kohlenforschung v. Eastman Kodak CompanyCourt of Appeals for the Fifth Circuit · 1980
- In Re Alex ZletzCourt of Appeals for the Federal Circuit · 1990
- In re SasseCourt of Customs and Patent Appeals · 1980
- In Re Robert K. Grasselli and Harley F. Hardman, and Rohm and Haas Company, IntervenorCourt of Appeals for the Federal Circuit · 1983
- In Re Harry C. DecklerCourt of Appeals for the Federal Circuit · 1992
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