Legal Opinion

In re Bergy

Court of Customs and Patent Appeals

Decided March 29, 1979No. Appeal Nos. 76-712, 77-535PublishedCited by 48 opinions

1Opinion of the Court

RICH, Judge.

Introduction

These appeals are from decisions of the Board of Appeals (board) of the United States Patent and Trademark Office (PTO) under 35 U.S.C. § 141 by dissatisfied applicants for patents. We reverse.

These two cases come before us for the second time under the circumstances hereinafter detailed. Since our first decisions, they have been to the United States Supreme Court and back without any decision by that Court. They are separate appeals, not formally consolidated, but on this second round they were heard together on November 6, 1978, • and are now decided together…

2Cases cited65 opinions

  1. Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
  2. United States v. United Mine Workers of AmericaSupreme Court of the United States · 1947
  3. United States v. American Trucking AssociationsSupreme Court of the United States · 1940
  4. United States v. Philadelphia National BankSupreme Court of the United States · 1963
  5. Shapiro v. United StatesSupreme Court of the United States · 1948

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3Cited by48 opinions

  1. Diamond v. DiehrSupreme Court of the United States · 1981
  2. Diamond v. ChakrabartySupreme Court of the United States · 1980
  3. Constant v. Advanced Micro-Devices, Inc.Court of Appeals for the Federal Circuit · 1988
  4. In Re BilskiCourt of Appeals for the Federal Circuit · 2008
  5. Interval Licensing LLC v. Aol, Inc.Court of Appeals for the Federal Circuit · 2018

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