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Legal Opinion

In Re Richard A. Fotland and Jeffrey J. Carrish

Court of Appeals for the Federal Circuit

Decided December 12, 1985No. Appeal 85-1546; Reissue Application Serial 177297PublishedCited by 6 opinions

1Opinion of the Court

PAULINE NEWMAN, Circuit Judge.

We affirm the decision of the United States Patent and Trademark Office Board of Appeals (Board), which in turn affirmed the examiner’s rejection of all of the claims of Fotland and Carrish’s reissue application Serial No. 177,297 (the ‘297 application).

We hold that a “no defect” reissue application that was filed under 37 C.F.R. § 1.175(a)(4) within two years after the grant of the patent did not provide a basis for compliance with 35 U.S.C. § 251, fourth paragraph, when the patentee first sought to enlarge the scope of the claims more than two years after the…

2Cases cited6 opinions

  1. Webster Electric Co. v. Splitdorf Electrical Co.Supreme Court of the United States · 1924
  2. Wollensak v. ReiherSupreme Court of the United States · 1885
  3. In re ClarkCourt of Customs and Patent Appeals · 1975
  4. In re DienCourt of Customs and Patent Appeals · 1982
  5. Application of Henri-Georges DollCourt of Customs and Patent Appeals · 1970

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3Cited by6 opinions

  1. In Re YoumanCourt of Appeals for the Federal Circuit · 2012
  2. In Re Paul GraffCourt of Appeals for the Federal Circuit · 1997
  3. In Re StaatsCourt of Appeals for the Federal Circuit · 2012
  4. In Re StaatsCourt of Appeals for the Federal Circuit · 2012
  5. In Re StaatsCourt of Appeals for the Federal Circuit · 2012

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