Legal Opinion

In re Andre

Court of Customs and Patent Appeals

Decided February 18, 1965No. 7303PublishedCited by 1 opinion

1Opinion of the CourtMartin, Judge

This appeal is a review of the board’s affirmance of the rejection of appellant’s claims 9 and 10 in application serial No. 780,603 for a “Multi-Can Package and Blank,” filed December 15,1958. The specification states that this application is a continuation in part of serial No. 557,885, filed January 9, 1956. No claims stand allowed. The question is one of obviousness under 35 USC 103.

The invention is a paper wrapper of the type used for six-packs of canned items. Its major featui’es are best understood by reference to Figures 2 and 5 of the application reproduced below:

As the first major…

Also in this document: Concurrence.

2Cases cited5 opinions

  1. Application of Philip A. Shaffer, JrCourt of Customs and Patent Appeals · 1956
  2. Application of Edward M. Rothermel and Russell B. Waddell, JrCourt of Customs and Patent Appeals · 1960
  3. Application of Harvey E. Hortman, JrCourt of Customs and Patent Appeals · 1959
  4. Application of John PavleckaCourt of Customs and Patent Appeals · 1963
  5. Application of Alfred R. Conti and Daniel J. MenterCourt of Customs and Patent Appeals · 1964

3Cited by1 opinion

  1. Acs Hospital Systems, Inc., Appellant/cross-Appellee v. Montefiore Hospital and Wells National Services Corporation, Appellees/cross-AppellantsCourt of Appeals for the Federal Circuit · 1984

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