Legal Opinion

In re Lonardo

Court of Appeals for the Federal Circuit

Decided July 8, 1997No. Nos. 96-1101, 96-1123 and 96-1124PublishedCited by 33 opinions

1Opinion of the Court

Opinion for the court filed by Circuit Judge LOURIE. Opinion concurring in the judgment as to Serial No. 08/218,756 and *962dissenting as to Reexamination Nos. 98/003,494 and 90/003,343 filed by Circuit Judge PAULINE NEWMAN.

LOURIE, Circuit Judge.

Robert Lonardo and Restorative Care of America Inc. appeal from three decisions of the Patent and Trademark Office (PTO) Board of Patent Appeals and Interferences holding that certain claims of U.S. Patents 5,269,748 and 5,298,013 are invalid, and that the only claim of application S/N 08/218,756 is not allowable, based on the ground of double patenting…

2Cases cited3 opinions

  1. In Re Donaldson Company, IncCourt of Appeals for the Federal Circuit · 1994
  2. In Re Paolo LongiCourt of Appeals for the Federal Circuit · 1985
  3. Quad Environmental Technologies Corporation v. Union Sanitary District, and A.P.T., Inc., a California Corp. D/B/A Calvert Environmental, Inc.Court of Appeals for the Federal Circuit · 1991

3Cited by33 opinions

  1. Amgen Inc., Plaintiff-Cross v. Hoechst Marion Roussel, Inc. (Now Known as Aventis Pharmaceuticals, Inc.) and Transkaryotic Therapies, Inc.Court of Appeals for the Federal Circuit · 2003
  2. Dayco Products, Inc. v. Total Containment, Inc.Court of Appeals for the Federal Circuit · 2003
  3. The Dow Chemical Company v. Mee Industries, Inc. And Florida Power CorporationCourt of Appeals for the Federal Circuit · 2003
  4. OTSUKA PHARMACEUTICAL CO., LTD. v. Sandoz, Inc.Court of Appeals for the Federal Circuit · 2012
  5. Boehringer Ingelheim International GmbH v. Barr Laboratories, Inc.Court of Appeals for the Federal Circuit · 2010

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