Legal Opinion
In re Bauman
Court of Customs and Patent Appeals
Decided July 22, 1982No. Appeal No. 82-520PublishedCited by 3 opinions
1Opinion of the Court
MILLER, Judge.
This is an appeal from the decision of the Patent and Trademark Office (“PTO”) Board of Appeals (“board”) affirming the examiner’s rejection of appellant’s claims 1-11 as anticipated under 35 U.S.C. § 102(b). We reverse.
BACKGROUND
The relevant facts are as follows: Appellant’s patent No. 3,858,247,1 disclosing both an apparatus and method but claiming only the apparatus, issued January 7,1975. Less than one year later, on October 24, 1975, appellant filed a reissue application2 seeking to add method claims to his patent.
The method claims in the reissue application were rejected…
2Cases cited12 opinions
- United States v. American Bell Telephone Co.Supreme Court of the United States · 1897
- Chapman v. WintroathSupreme Court of the United States · 1920
- Godfrey v. EamesSupreme Court of the United States · 1864
- In re HoganCourt of Customs and Patent Appeals · 1977
- Application of Ernst Johan Jens HenriksenCourt of Customs and Patent Appeals · 1968
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3Cited by3 opinions
- Kangaroos U.S.A., Inc. v. Caldor, Inc.Court of Appeals for the Federal Circuit · 1985
- 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, as Trustee for the Max-Planck-Institut Fur Kohlenforschung v. Northern Petrochemical CompanyCourt of Appeals for the Federal Circuit · 1986