Kistler v. Coe’s Empirical Analysis

Citation profile

8 federal appellate ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * * In substance, therefore, what appellant seeks to cover with the monopoly of a patent is the method of putting his aerogel into spaces between outer and inner walls * * * for insulating purposes; as well as the buildings and refrigerators so insulated. The Patent Office rejected this ambitious proposal, as did the District Court, for lack of invention. We agree with, the Patent Office and with the District Court. “In response to the finding of the District Court, that the claims here involved defined no invention over appellant’s aerogel patent, he concedes that what he claims to be invention, in the present case, is disclosed in the patent issued to him on September 21, 1937. But he urges that the finding does not justify rejection of the disputed claims because he did not claim the alleged later invention in his earlier application. Specifically, he says: ‘None of the claims [of his patent] are directed to a heat-insulating structure or to a method of making such structure.’ [Italics supplied] But this fact does not entitle appellant to a patent in the present case. The claims of his earlier application did disclose all that was 'inventive in character and he received a patent therefor * (Emphasis supplied in last sentence.)”

   1 later decision quote this exact passage
   e.g. Smith v. Kingsland