Legal Opinion

In re Sawyer

Court of Customs and Patent Appeals

Decided April 12, 1949No. 5559PublishedCited by 2 opinions

1Opinion of the CourtO’Connell, Judge

This is an appeal from the decision of the Board of Appeals of the United States Patent Office affirming the action of three examiners in their final rejection under “Dual Prosecution” of claims 8 to 15, *1055inclusive, in appellant’s application for the reissue of his patent No. 2,319,267. Claims 1 and 2 have been allowed. Those two claims, drawn to a product, namely, “An individual multilayer fibrous article of dished shape,” are identical in terms with the two claims of the patent which is sought to be reissued.

Appellant alleges that the claims here in issue should have been included in the…

2Cases cited6 opinions

  1. U. S. Industrial Chemicals, Inc. v. Carbide & Carbon Chemicals Corp.Supreme Court of the United States · 1942
  2. Parker & Whipple Co. v. Yale Clock Co.Supreme Court of the United States · 1887
  3. Avery v. ChaseCourt of Customs and Patent Appeals · 1939
  4. Flower v. DetroitSupreme Court of the United States · 1888
  5. Winkelmann v. CalvertCourt of Customs and Patent Appeals · 1946

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3Cited by2 opinions

  1. Varian v. LlewellynCourt of Customs and Patent Appeals · 1950
  2. Varian v. LlewellynCourt of Customs and Patent Appeals · 1950

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