Legal Opinion

In Re Bendersky

Court of Customs and Patent Appeals

Decided March 6, 1951No. 5755Published

1Opinion of the Court

O’CONNELL, Judge.

The appeal in this case involves the validity of the action of the Board of Appeals of the United States Patent Office in affirming the rejection by the examiner of claims 32-39 in appellant’s application for a patent on improvements in an adjustable hospital bed which may be converted into a reclining convalescent chair by the use of her invention. Two other claims, 18 and 40, were allowed.

Claims 34 to 39, inclusive, were rejected as indefinite and incomplete. The remainder of the appealed claims were rejected for lack of patentability over the following prior art of record:

S…

2Cases cited12 opinions

  1. Great Atlantic & Pacific Tea Co. v. Supermarket Equipment Corp.Supreme Court of the United States · 1951
  2. Graver Tank & Mfg. Co. v. Linde Air Products Co.Supreme Court of the United States · 1949
  3. United Carbon Co. v. Binney & Smith Co.Supreme Court of the United States · 1942
  4. Charles Peckat Mfg. Co. v. JacobsCourt of Appeals for the Seventh Circuit · 1950
  5. In Re StoverCourt of Customs and Patent Appeals · 1944

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