Case law

In Re Wellman

48 F.2d 926 · Court of Customs and Patent Appeals · Apr 22, 1931

The court further quoted, with approval from James v. Campbell, 104 U. S. 356 , 26 L. … Other authorities to the same effect as Steinmetz v. Allen, supra, are Mosler Safe & Lock Co., v. Mosler, B. & Co., 127 U. S. 354, 361 , 8 S. Ct. 1148 , 32 L. Ed. 182 ; In re Hawkins, 57 App. D.

In Re Fischel

136 F.2d 254 · Court of Customs and Patent Appeals · May 18, 1943

Co., C.C., 136 F. 210, 212 , affirmed in Williams Calk Co. v. Kemmerer, 3 Cir., 145 F. 928 . … The decision of the Board of Appeals is affirmed. Affirmed.

In re Litman

480 F.2d 872 · Court of Customs and Patent Appeals · Jul 12, 1973

He also suggested to the board that applicants’ alleged failure to respond to some of his rejections in their brief before the board called for dismissal of the appeal as to several claims. … Compare Sinclair & Carroll Co. v. Interehemical Corp., 325 U.S. 327 , 65 S.Ct. 1143 , 89 L.Ed. 1644 (1945).

In re Franck

255 F.2d 931 · Court of Customs and Patent Appeals · Jun 18, 1958

We are of the opinion that the board’s decision was erroneous and must be reversed. … Co. v. Procter & Gamble Mfg.

Application of Renato Rogerio Carreira Reynaud

331 F.2d 625 · Court of Customs and Patent Appeals · May 14, 1964

Based on such an analysis of the prior art, v/e are then required by section 103 to determine whether appellant’s claimed subject matter as a whole would have been obvious at the time he made his invention. … We think it would have been obvious, and we therefore affirm the decision of the board. Affirmed.

United States v. Badische

3 Ct. Cust. 528 · Court of Customs and Patent Appeals · Feb 1, 1913

The board was of the opinion that these books were of the class intended for gratuitous private circulation within the meaning of paragraph 517, and relied for this ruling upon the case of Schieffelin v. … Otis v. Inhabitants of Ware ( 74 Mass., 509 ).

Application of Hubert J. Tierney and Bertrand Y. Auger

388 F.2d 1018 · Court of Customs and Patent Appeals · Mar 7, 1968

The board felt it obvious to combine these references to produce the Tail-man product with a glass/resin ratio within the claimed range. … Such considerations do have relevance to the issue of obviousness, Graham v. John Deere Co., 383 U.S. 1 , 86 S.Ct. 684 , 15 L.Ed.2d 545 .

Holbrook v. United States

1 Ct. Cust. 263 · Court of Customs and Patent Appeals · Feb 15, 1911

The Board of General Appraisers sustained the collector's assessment, the Circuit Court for the Southern District of New York, upon the evidence taken before the board,, affirmed its decision, and the cases are hero on appeal … In the case of United States v. Reibe, heard at the June session, supra, p. 19 (T.

United States v. Bene

6 Ct. Cust. 523 · Court of Customs and Patent Appeals · Jan 28, 1916

In support of the board’s decision the importers contend that the iron drums under consideration are of the same class and character as those involved in United States v. Garramone ( 2 Ct. Cust. Appls., 30 ; T. … The decision of the Board of General Appraisers is therefore reversed.

In re Ferenci

68 F.2d 737 · Court of Customs and Patent Appeals · Feb 26, 1934

The-doing of this is now a matter of every day practice in the issuance of patents, and in the case of Steinmetz v. … The decision of the Board of Appeals is affirmed.

In re Pilling

44 F.2d 878 · Court of Customs and Patent Appeals · Dec 1, 1930

Co. v. Saranac Elec. Light Co., 108 Fed. 221, 227 ; Underwood Typewriter Co. v. Elliott-Fisher Co., 165 Fed. 927, 930 ; Parker Bust Proof Co. v. Ford Motor Co., 6 F. (2d) 649, 654; In Re Crowell, 17 C. C. P. A. … The decision of the Board of Appeals is affirmed.

Kenton v. Crane

120 F.2d 380 · Court of Customs and Patent Appeals · Jun 9, 1941

Hall v. Genzo Shimadzu, 19 C. C. P. A. (Patents) 1288, 59 F. (2d) 225; In re Buttolph, 22 C. C. P. A. … Braren v. George Horner, 18 C. C. P. A. (Patents) 971, 47 F. (2d) 358; In re Beplate et al., 22 C. C. P. A. (Patents) 1232,77 F. (2d) 506; Deutsch et al. v. Ball, 22 C. C. P. A.

Weiss v. Roschke

425 F.2d 772 · Court of Customs and Patent Appeals · May 14, 1970

Referring to McCutchen v. Oliver, 54 CCPA 756, 367 F. 2d 609 , 151 USPQ 387 (1966); Hall v. … Long v. Young, supra; Smith v. Wehn, supra. In the present case, we find no ambiguity as to count 8 and counts 1, 9, 11-13 and 16, which the board grouped with it.

In Re Fischer

57 F.2d 369 · Court of Customs and Patent Appeals · Apr 4, 1932

A.) 249 F. 228 ; Forsyth v. Garlock (C. C. A.) 142 F. 461 , and In re Phelps et al., 47 F.(2d) 387 , 18 C. C. P. A. 1036. … We think they were clearly right, and the decision of the Board of Appeals is affirmed. Affirmed.

Formica Corporation v. The Newnan Corporation

396 F.2d 486 · Court of Customs and Patent Appeals · Jun 20, 1968

Co. v. J. C. Dowd & Co., 178 F. 73 (2nd Cir. 1910). … United States Time Corp. v. Tennenbaum, 267 F.2d 327 , 46 CCPA 895. The trademark FORMICA, through aggressive and expensive merchandising, has become widely known.

In re Sawyer Electrical Manufacturing Co.

144 F.2d 893 · Court of Customs and Patent Appeals · Jun 26, 1944

The American Tobacco Co. v. Wix, supra; Thaddeus Davids Company v. Davids Manufacturing Company, 233 U. S. 461 ; Brown Chemical Company v. Meyer, 139 U. S. 540 ; Howe Scale Company v. Wyckoff, Seamans Benedict, 198 U. … See al§o The American Tobacco Co., the Brown-Chemical Comp any, and the Howe Scale Gomfany cases, all sufra. The decision of the Commissioner of Patents is affirmed.

Christian v. Muller

104 F.2d 361 · Court of Customs and Patent Appeals · Jun 15, 1939

Woelm v. Hasselquist, 20 C. C. P. A. (Patents) 806, 62 F. (2d) 367. … There being no other issue involved in the appeal before us, the decision of the Board of Appeals is affirmed.

In re Hansen

154 F.2d 684 · Court of Customs and Patent Appeals · Apr 1, 1946

In the Sterling case, supra, we made reference to the case of Cincinnati Traction Co. v. Pope, 210 Fed. 443 , and to our discussion of it in the case of In re McKee, 20 C. C. P. A. (Patents) 1018, 64 F. (2d) 379, 17 U. … The decision of the board is reversed.

In re Aslanian

590 F.2d 911 · Court of Customs and Patent Appeals · Jan 11, 1979

This appeal is from the decision of the Patent and Trademark Office Board of Appeals (board) affirming the rejection of claims 5, 7 and 8 in the application of Jerry L. … White Co. v. Morton E.

Ralston Purina Company v. Midwest Cordage Company, Inc.

373 F.2d 1015 · Court of Customs and Patent Appeals · Mar 16, 1967

The board’s analysis of the foregoing led it to dismiss the petition for cancellation. … In Menendez v. Holt, 128 U.S. 514 , 9 S.Ct. 143 , 32 L.Ed. 526 (1888), the Court commented on McLean v.