Legal Opinion
Application of Hans Hilmer, Gerhard Korger, Rudi Weyer and Walter Aumuller
Court of Customs and Patent Appeals
Decided April 9, 1970No. Patent Appeal 8191PublishedCited by 12 opinions
1Opinion of the Court
RICH, Acting Chief Judge.
This is a sequel to our opinion in In re Hilmer, 359 F.2d 859 53 CCPA 1288, (1966) (herein “Hilmer I”), familiarity with which is assumed.
In Hilmer I, under the heading “Reason for Remand,” we pointed out that as to claims 10 and 16 there was a rejection with which the board had not dealt and remanded the case for clarification of the board’s position “on the rejection of claims 10 and 16 as ‘unpat-entable over’ the interference count in view of Wagner et al.”
By way of background, appellants (herein “Hilmer”) had been in interference No. 90,218 with a Habicht…
2Cases cited2 opinions
- Application of Hans Hilmer, Gerhard Korger, Rudi Weyer and Walter AumullerCourt of Customs and Patent Appeals · 1966
- Application of David Taub, Norman L. Wendler and Harry L. SlatesCourt of Customs and Patent Appeals · 1965
3Cited by12 opinions
- Studiengesellschaft Kohle Mbh, as Trustee for the Max-Planck-Institut Fur Kohlenforschung v. Eastman Kodak CompanyCourt of Appeals for the Fifth Circuit · 1980
- Studiengesellschaft Kohle Mbh, as Trustee for the Max-Planck-Institut Fur Kohlenforschung v. Northern Petrochemical CompanyCourt of Appeals for the Federal Circuit · 1986
- Studiengesellschaft Kohle mbH v. Dart Industries, Inc.District Court, D. Delaware · 1982
- In re McKellinCourt of Customs and Patent Appeals · 1976
- In Re Harry C. DecklerCourt of Appeals for the Federal Circuit · 1992
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