Legal Opinion
In re Naber
Court of Customs and Patent Appeals
Decided September 26, 1974No. Patent Appeal No. 9192PublishedCited by 3 opinions
1Per curiam
The Commissioner of Patents has petitioned for a rehearing or modification of our decision of April 25, 1974, 494 F.2d 1405.
The petition is based in part1 on the allegation that the court “has demonstrably applied, sua sponte, the ‘rule of doubt,’ i.e., of ‘res.olving doubt in favor of applicants for patents’ * * As a careful reading of the opinion demonstrates, no such “rule of doubt” was applied in this ease nor, as the solicitor recognizes, has any question of doubt or suggestion of applying such a “rule” been raised in this case.
Furthermore, this court has not applied the “rule of doubt”…
2Cases cited6 opinions
- Eibel Process Co. v. Minnesota & Ontario Paper Co.Supreme Court of the United States · 1923
- Richmond Screw Anchor Co. v. United StatesSupreme Court of the United States · 1928
- Application of Jack H. HofstetterCourt of Customs and Patent Appeals · 1966
- In re NaberCourt of Customs and Patent Appeals · 1974
- In re BurrowsCourt of Customs and Patent Appeals · 1930
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- In Re Berwyn E. EtterCourt of Appeals for the Federal Circuit · 1985
- In Re the Successor in Interest to Walter AndersenCourt of Appeals for the Federal Circuit · 1984
- In Re Berwyn E. EtterCourt of Appeals for the Federal Circuit · 1985