# In re Wertheim

> Court of Customs and Patent Appeals · August 26, 1976 · 541 F.2d 257

URL: https://www.frixlaw.com/law-library/cases/8899729

## Case

- **Full name:** Application of John H. WERTHEIM
- **Court:** Court of Customs and Patent Appeals
- **Decided:** August 26, 1976
- **Citations:** 541 F.2d 257; 191 U.S.P.Q. (BNA) 90; 1976 CCPA LEXIS 134
- **Precedential status:** Published
- **Opinion:** Concurring in part by Baldwin
- **Judges:** Baldwin, Lane, Markey, Miller, Rich
- **Cited by:** 77 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/8899729

## How later opinions describe it (automated extraction)

- 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”

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8899729. Public record. Not legal advice.