Legal Opinion

In Re Clement

Court of Appeals for the Federal Circuit

Decided February 18, 1998No. 97-1202PublishedCited by 47 opinions

1Opinion of the Court

MAYER, Circuit Judge.

Jean-Marie Clement appeals the decision of the United States Board of Patent Appeals and Interferences sustaining the rejection of claims 1-18 and 49-52 in reissue application Serial No. 08/054,951 under 35 U.S.C. § 251 (1994). Because the board correctly applied the recapture rule to bar claims 49-52 and because claims 1-18 alone cannot support the reissue application, we affirm in part and vacate in part.

Background

This ease is about U.S. Patent No. 4,780,-179 (the ’179 patent) issued to Jean-Marie Clement. The 179 patent claims a method for treating waste paper that…

2Cases cited14 opinions

  1. Bell Communications Research, Inc. v. Vitalink Communications CorporationCourt of Appeals for the Federal Circuit · 1995
  2. Seattle Box Company, Inc., D/B/A Seattle-Tacoma Box Company v. Industrial Crating & Packing, Inc., and James F. RennelsCourt of Appeals for the Federal Circuit · 1984
  3. Abtox, Inc., Plaintiff/cross-Appellant v. Exitron Corporation, Adir Jacob, and Mdt CorporationCourt of Appeals for the Federal Circuit · 1997
  4. In Re Leslie N. Wilder, James C. Whitney and Gary G. Matison, and Lanier Business Products, IntervenorCourt of Appeals for the Federal Circuit · 1984
  5. Ball Corporation v. The United StatesCourt of Appeals for the Federal Circuit · 1984

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3Cited by47 opinions

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  2. Central Admixture Pharmacy Services v. Advanced Cardiac SolutionsCourt of Appeals for the Federal Circuit · 2007
  3. Revolution Eyewear, Inc. v. Aspex Eyewear, Inc.Court of Appeals for the Federal Circuit · 2009
  4. North American Container, Inc. v. Plastipak Packaging, Inc.Court of Appeals for the Federal Circuit · 2005
  5. Shockley v. Arcan, Inc.Court of Appeals for the Federal Circuit · 2001

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