Legal Opinion

Matter of the Application of Carl B. Nash

Court of Customs and Patent Appeals

Decided February 21, 1956No. Patent Appeals 6169PublishedCited by 1 opinion

1Opinion of the Court

COLE, Judge.

This is an appeal from the decision of the Board of Appeals of the United ■States Patent Office affirming the rejection by the Primary Examiner of claims 4, 5, 6, 13, 20, and 21 of appellant’s application, Serial No. 774,646, for a patent on an air spring. Claims 20 and 21 were rejected as unpatentable over prior art while claims 4, 5, 6, and 13 were rejected as being drawn to non-elected species, no generic claim having been allowed. Four claims have been allowed. Claim 20, which is representative of the claims rejected on prior art, is as follows:

“20. A variable rate air spring…

2Cases cited5 opinions

  1. Crown Cork & Seal Co. v. Aluminum Stopper Co.Court of Appeals for the Fourth Circuit · 1901
  2. Western Telephone Mfg. Co. v. American Electric Telephone Co.Court of Appeals for the Seventh Circuit · 1904
  3. Application of OlsonCourt of Customs and Patent Appeals · 1954
  4. Cutler-Hammer Mfg. Co. v. Union Electric Mfg. Co.U.S. Circuit Court for the District of Eastern Wisconsin · 1906
  5. American Valve & Meter Co. v. FairbanksCourt of Appeals for the Seventh Circuit · 1917

3Cited by1 opinion

  1. Carl Otto v. Koppers Company, Inc., a Delaware Corporation, and Wheeling Steel Corporation, a Delaware CorporationCourt of Appeals for the Fourth Circuit · 1957

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