Legal Opinion
Application of John R. Willingham
Court of Customs and Patent Appeals
Decided October 10, 1960No. Patent Appeal 6560PublishedCited by 31 opinions
1Opinion of the Court
SMITH, 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 3 and 6 of appellant’s application No. 577,426, filed April 10, 1956 for reissue of his patent No. 2,674,908. The sole basis of the rejection is that appellant is precluded from obtaining the appealed claims in a reissue of his patent by reason of the substitution of claim 15 for unrejected claim 12 during the prosecution of his original application. In the opinion of the board, claim 12 included “the heart of the invention…
2Cases cited3 opinions
- Topliff v. TopliffSupreme Court of the United States · 1892
- Grant v. RaymondSupreme Court of the United States · 1832
- Matter of the Application of Anna Rosalie Nelson Byers, of the Estate of Laud S. Byers, DeceasedCourt of Customs and Patent Appeals · 1956
3Cited by31 opinions
- Slimfold Manufacturing Company, Inc. v. Kinkead Industries, Inc. And United States Gypsum Company, DefendantsCourt of Appeals for the Federal Circuit · 1987
- AstraZeneca UK Ltd. v. Aurobindo Pharma Ltd.Court of Appeals for the Federal Circuit · 2012
- Bloom Engineering Company, Inc. v. North American Manufacturing Company, Inc.Court of Appeals for the Federal Circuit · 1997
- In Re Elmar W. Weiler and Richard L. MansellCourt of Appeals for the Federal Circuit · 1986
- Mueller Brass Co. v. Reading Industries, Inc.District Court, E.D. Pennsylvania · 1972
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