Legal Opinion
In re Berkman
Court of Customs and Patent Appeals
Decided February 26, 1981No. Appeal No. 80-598PublishedCited by 8 opinions
1Opinion of the Court
MARKEY, Chief Judge.
Berkman appeals the Patent and Trademark Office Board of Appeals (board) decision affirming the rejection of claims 21-31 under 35 U.S.C. § 102(b). We affirm.
BACKGROUND
On February 15, 1974, Berkman filed two design patent applications claiming designs for a carrying and storage ease for tape cartridges and cassettes. Design patents 249,743 and 249,823 were issued on those applications on September 26 and October 3, 1978 respectively.
Berkman filed a utility patent application on March 24,1975, disclosing and claiming a “CASE AND INSERT FOR DIFFERENTLY SIZED MAGNETIC TAPE…
2Cases cited3 opinions
- Application of Adolph WolfenspergerCourt of Customs and Patent Appeals · 1962
- Application of Wayne H. ReynoldsCourt of Customs and Patent Appeals · 1971
- Breen v. CobbCourt of Customs and Patent Appeals · 1973
3Cited by8 opinions
- Vas-Cath Incorporated and Gambro, Inc. v. Sakharam D. Mahurkar, and Quinton Instruments CompanyCourt of Appeals for the Federal Circuit · 1991
- Kangaroos U.S.A., Inc. v. Caldor, Inc.Court of Appeals for the Federal Circuit · 1985
- Racing Strollers, Inc. v. Tri Industries, Inc., Jay Paulson, Paulson Marketing and Tim GalliganCourt of Appeals for the Federal Circuit · 1989
- Vas-Cath Inc. v. MahurkarDistrict Court, N.D. Illinois · 1990
- Weatherchem Corp. v. J.L. Clark, Inc.District Court, N.D. Ohio · 1996
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