# Application of John D. Sutherland, Jr

> Court of Customs and Patent Appeals · July 22, 1965 · 347 F.2d 1009

URL: https://www.frixlaw.com/law-library/cases/9450880

## Case

- **Full name:** Application of John D. SUTHERLAND, Jr.
- **Court:** Court of Customs and Patent Appeals
- **Decided:** July 22, 1965
- **Citations:** 347 F.2d 1009; 52 C.C.P.A. 1683
- **Precedential status:** Published
- **Opinion:** Dissent by Worley
- **Judges:** Worley, Rich, Martin, Smith, Almond
- **Cited by:** 9 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/9450880

## How later opinions describe it (automated extraction)

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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9450880. Public record. Not legal advice.