# In re Spencer

> Court of Customs and Patent Appeals · March 25, 1931 · 47 F.2d 806

URL: https://www.frixlaw.com/law-library/cases/6606658

## Case

- **Full name:** In re John A. Spencer
- **Court:** Court of Customs and Patent Appeals
- **Decided:** March 25, 1931
- **Citations:** 47 F.2d 806; 18 C.C.P.A. 1041; 1931 CCPA LEXIS 102
- **Precedential status:** Published
- **Opinion:** Concurring in part by Hatfield
- **Judges:** Bland, Gaebett, Gbaham, Graham, Hatfield, Hattteld, Lenboot
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6606658

## Opinion text

Hatfield, Judge,
concurring and dissenting.
I concur in the majority opinion so far as it affirms the decision of the Board of Appeals holding that claims 22, 30, 37, 45, and 54 are not patentable.
I am of opinion, that claims 38, 40, and 43, so far as they may be differentiated from the prior art, are functional in character and that, therefore, the decision of the Board of Appeals, rejecting those claims, should be affirmed.
Lenboot, J., concurs in the. above concurring and dissenting-opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6606658. Public record. Not legal advice.