Legal Opinion

In Re Ernst

Court of Customs and Patent Appeals

Decided June 12, 1934No. Patent Appeal 3314PublishedCited by 16 opinions

1Opinion of the Court

LENROOT, Associate Judge.

This is an appeal from a decision of the Board of Appeals of the United States Patent Office, affirming the decision of the Examiner, rejecting claims 1, 5, 7, 16, 17, 22, and 24 of appellants’ application, filed November 17,1929. All of the claims on appeal are method claims. Fourteen claims of the application have been allowed, all of said allowed claims being apparatus claims.

Of the claims on appeal, claims 1 and 22 are illustrative and read as follows:

“1. A method of operating at an uniform rate an hydraulic motor subject to variable loads which consists in…

2Cases cited7 opinions

  1. Tilghman v. ProctorSupreme Court of the United States · 1881
  2. Cochrane v. DeenerSupreme Court of the United States · 1877
  3. Expanded Metal Co. v. BradfordSupreme Court of the United States · 1909
  4. Dolbear v. American Bell Telephone CompanySupreme Court of the United States · 1888
  5. Century Electric Co. v. Westinghouse Electric & Mfg. Co.Court of Appeals for the Eighth Circuit · 1911

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

3Cited by16 opinions

  1. Application of Charles D. Prater and James WeiCourt of Customs and Patent Appeals · 1969
  2. Application of Zoltan TARCZYHORNOCHCourt of Customs and Patent Appeals · 1968
  3. In Re McCurdyCourt of Customs and Patent Appeals · 1935
  4. In Re WashburnCourt of Customs and Patent Appeals · 1950
  5. In re BarnettCourt of Customs and Patent Appeals · 1946

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

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