“Under section 103, a reference patent is available for all it fairly discloses to one of ordinary skill in the art. There is no inquiry as to what is claimed therein.”
How later courts described this case
- “Under section 103, a reference patent is available for all it fairly discloses to one of ordinary skill in the art. There is no inquiry as to what is claimed therein.”
- using “commonly owned” and “common assignee” interchangeably
Written by the judges who cited it.
The opinion
KIRKPATRICK, Judge
(concurring).
The opinion in this case is a logical extension of the reasoning of the Court in In re Robeson, 331 F.2d 610 , 51 CCPA 1271, and In re Kaye, 332 F.2d 816 , 51 CCPA 1465. The rationale of those decisions requires the reversal of the board’s decision in the present case and, for that reason only, I coftcur.