Legal Opinion

Application of James R. Tiffin and Earl Erdman

Court of Customs and Patent Appeals

Decided June 10, 1971No. Patent Appeal 8502PublishedCited by 9 opinions

1Opinion of the Court

RICH, Judge.

This appeal is from the decision of the Patent Office Board of Appeals affirming the examiner’s rejection of claims 1-4, 7, 8, and 10-17 in appellants’ application serial No. 555,922, filed June 7, 1966, as a continuation of application serial No. 261,683, filed February 28, 1963. We reverse.

THE INVENTION

Appellants claim thermoformed, seamless containers useful as vending machine cups for high-temperature comestibles and methods for making them. Claim 1 (subparagraphing and emphasis supplied) is illustrative:

1. A process of thermoforming a closed cell thermoplastic resin foam…

2Cases cited11 opinions

  1. Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
  2. Illinois Tool Works, Inc. v. Sweetheart Plastics, Inc., Maryland Cup Corporation, and Sweetheart Cup CorporationCourt of Appeals for the Seventh Circuit · 1971
  3. Application of Richard E. Warner and Virginia Ann WarnerCourt of Customs and Patent Appeals · 1967
  4. Coltman v. Colgate-Palmolive-Peet Co.Court of Appeals for the Seventh Circuit · 1939
  5. Application of Jack E. CaveneyCourt of Customs and Patent Appeals · 1967

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

3Cited by9 opinions

  1. In re FielderCourt of Customs and Patent Appeals · 1973
  2. Application of James R. Tiffin and Earl ErdmanCourt of Customs and Patent Appeals · 1971
  3. In Re Robert K. Grasselli and Harley F. Hardman, and Rohm and Haas Company, IntervenorCourt of Appeals for the Federal Circuit · 1983
  4. In re PalmerCourt of Customs and Patent Appeals · 1971
  5. In re NaberCourt of Customs and Patent Appeals · 1974

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