Legal Opinion

In Re Comiskey

Court of Appeals for the Federal Circuit

Decided September 20, 2007No. 2006-1286. Serial No. 09/461,742PublishedCited by 26 opinions

1Opinion of the Court

DYK, Circuit Judge.

Appellant Stephen W. Comiskey (“Com-iskey”) appeals the decision of the Board of Patent Appeals and Interferences (“Board”) affirming the examiner’s rejection of claims 1-59 of his patent application as obvious in view of the prior art and therefore unpatentable under 35 U.S.C. § 103. We do not reach the Board’s obviousness rejection of the independent claims under § 103 because we conclude that Comiskey’s independent claims 1 and 32 and most of their dependent claims are unpatentable subject matter under 35 U.S.C. § 101. We conclude that independent claims 17 and 46 (and…

2Cases cited44 opinions

  1. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1943
  2. Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
  3. KSR International Co. v. Teleflex Inc.Supreme Court of the United States · 2007
  4. United States National Bank v. Independent Insurance Agents of America, Inc.Supreme Court of the United States · 1993
  5. Dickinson v. ZurkoSupreme Court of the United States · 1999

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

3Cited by26 opinions

  1. In Re BilskiCourt of Appeals for the Federal Circuit · 2008
  2. In Re ComiskeyCourt of Appeals for the Federal Circuit · 2009
  3. Netscape Communications Corp. v. VALUECLICK, INC.District Court, E.D. Virginia · 2010
  4. Rowe International Corp. v. Ecast, Inc.District Court, N.D. Illinois · 2008
  5. Shuffle Master, Inc. v. MP GAMES LLCDistrict Court, D. Nevada · 2008

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

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