Legal Opinion

Application of Paul S. Menough

Court of Customs and Patent Appeals

Decided November 14, 1963No. Patent Appeal 7004PublishedCited by 8 opinions

1Opinion of the Court

RICH, Judge.

This appeal is from the decision of the Patent Office Board of Appeals affirming the rejection of claims 36-44 of appellant’s patent application, Ser. No. 507,270, filed May 10, 1955, for “Heat Treating Tray.”

The sole issue is patentability over the following references:

Menough 2,601,980 July 1, 1952; Feltes 1,750,039 Mar. 11, 1930; Shelden 1,768,157 June 24, 1930; Swiss Patent 128,684 Nov. 16, 1928.

The nature of the invention is fairly indicated by claim 36, which reads:

“36. A warp and rack-proof grid adapted to carry loads of articles to be heated through the high temperature in…

2Cases cited2 opinions

  1. Application of Alexander C. McCabeCourt of Customs and Patent Appeals · 1961
  2. Application of Maurice E. HattenCourt of Customs and Patent Appeals · 1960

3Cited by8 opinions

  1. Republic Industries, Inc. v. Schlage Lock CompanyCourt of Appeals for the Seventh Circuit · 1979
  2. United States v. Demetrio J. Hernandez and Wayne ParrishCourt of Appeals for the Seventh Circuit · 1992
  3. In re KellerCourt of Customs and Patent Appeals · 1981
  4. In re ReuterCourt of Customs and Patent Appeals · 1981
  5. Earl R. Ortman, D/B/A Advance Pump & Equipment Co. v. Herbert W. Maass, D/B/A Herb. Maass ServiceCourt of Appeals for the Seventh Circuit · 1968

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