Opinion

Application of John D. Sutherland, Jr

  • 347 F.2d 1009
  • 52 C.C.P.A. 1683
Court
Court of Customs and Patent Appeals
Filed
Jul 22, 1965
Status
Published
Author
Worley
On the bench
Worley, Rich, Martin, Smith, Almond
Cited by
9 cases

stating that claims relied on in double patenting rejections are not treated as prior art

How later courts described this case

  • stating that claims relied on in double patenting rejections are not treated as prior art

Written by the judges who cited it.

The opinion

WORLEY; Chief Judge

(dissenting).

I find no error whatever in the unanimous conclusion of the examiner and board, presumably better versed in this field than are we, that there is no patentable distinction between the respective claims of Sutherland and Carpenter. I respectfully suggest that to hold otherwise would constitute an unlawful extension of monopoly, a result Congress has historically sought to prevent.

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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