Opinion

Application of Roy W. Dike

  • 394 F.2d 584
  • 55 C.C.P.A. 1172
Court
Court of Customs and Patent Appeals
Filed
Jul 3, 1968
Status
Published
Author
Rich
On the bench
Worley, Rich, Smith, Almond, Kirkpatrick
Cited by
3 cases

The opinion

RICH, Judge

(concurring).

While I agree with the affirmance of the rejection of claims T-3 and 10-17 on the Harris and Galloni references, I cannot agree with the apparent treatment by the board and the majority of the “line of flash” recitations in certain claims as some kind of process limitation in claims to structure.

Taking claim 1, quoted in the majority opinion, as an example, it seems clear to me that the only significance of the references to the “line of flash” is as a reference point defining the plane in which the handle joints lie. This is a purely structural limitation, notwithstanding a flash line is produced by the method of molding in a split mold.

Since the limitations having reference to line of flash are structural limitations, all discussion of process limitations in this connection and of the insignificance or immateriality of flash per se seems to me to be beside the point. The rejection is proper because the subject matter claimed, including the location *591 limitations of the handle parts defined by reference to the line of flash (or the mark left by the parting line of the mold), is obvious in view of the combined teachings of the references.

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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