Legal Opinion

Application of Shackell

Court of Customs and Patent Appeals

Decided February 18, 1952No. Patent Appeal 5854PublishedCited by 12 opinions

1Opinion of the Court

GARRETT, Chief Judge.

This is an appeal from the decision of the Board of Appeals of the United States Patent Office affirming the rejection by the Primary Examiner of three claims, being all the claims, of appellant’s patent application, serial No. 536,054, filed May 17, 1944, entitled “Germicide.”

The claims are numbered 649, 650, and 651 respectively. All three were rejected as being unpatentable over prior art cited, and numbers 649 and 650 on the additional ground that they are unduly broad, indefinite, and functional and do not meet the statutory requirement for particularity in claiming.

F…

2Cases cited8 opinions

  1. In Re ThuauCourt of Customs and Patent Appeals · 1943
  2. Old Town Ribbon & Carbon Co. v. Columbia Ribbon & Carbon Mfg. Co.Court of Appeals for the Second Circuit · 1947
  3. In Re Von BramerCourt of Customs and Patent Appeals · 1942
  4. Application of BennerCourt of Customs and Patent Appeals · 1949
  5. In Re StollCourt of Customs and Patent Appeals · 1947

3 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Application of Edward Burton LegriceCourt of Customs and Patent Appeals · 1962
  2. Application of Maximilian Paul SchmidtCourt of Customs and Patent Appeals · 1961
  3. Ansul Company v. Uniroyal, Inc.District Court, S.D. New York · 1969
  4. Indiana General Corporation v. Lockheed Aircraft CorporationCourt of Appeals for the Ninth Circuit · 1968
  5. Anderson Co. v. Trico Products Corp.District Court, W.D. New York · 1958

7 more not listed; retrieve them via the Exa API.

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