Opinion

In re Wertheim

  • 541 F.2d 257
  • 191 U.S.P.Q. (BNA) 90
  • 1976 CCPA LEXIS 134
Court
Court of Customs and Patent Appeals
Filed
Aug 26, 1976
Status
Published
Author
Baldwin
On the bench
Baldwin, Lane, Markey, Miller, Rich
Cited by
77 cases

recognizing that “ranges which overlap or lie inside ranges disclosed by the prior art may be patentable if the applicant can show criticality in the claimed range by evidence of unexpected results”

How later courts described this case

  • recognizing that “ranges which overlap or lie inside ranges disclosed by the prior art may be patentable if the applicant can show criticality in the claimed range by evidence of unexpected results”
  • affirming in relevant part that a prima facie case had been made out regarding certain pro- cess claims
  • holding that “[i]t is immaterial in ex parte prosecution whether the same or similar claims have been allowed to others”
  • ruling that written description of broad range of characteristics adequately supported claims to a narrower range

Written by the judges who cited it.

The opinion

BALDWIN, Judge

(concurring in part and dissenting in part).

I agree with Judge Miller’s treatment of claims 17-20 and 29. Otherwise, I join the majority opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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