In re Boyce’s Empirical Analysis

Citation profile

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 60 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The rule thus announced was not deemed to be revolutionary in character but was thought to be based upon sound reason in the light of the statute defining the court’s jurisdiction in patent appeals. Its reasonableness has never been challenged before us by the patent bar, but, repeatedly, we have been confronted with appeals in cases where the board made no mention of some of the references cited by examiners and appellants failed (as appellant here failed) to challenge their application in the reasons of appeal so as to require or admit of their consideration by us. Such situations have frequently caused embarrassment to counsel, and, in some measure, to the court, since it is our desire to give full consideration to every element involved in cases brought before us. This we do when the reasons of appeal conform to the statute and the rules. “It is our hope that all the attorneys engaged in the practice of patent law may become familiar with the rule announced in the Wagenhorst case, supra, and appreciate the necessity of observing it, and, with the thought in mind that it may aid in emphasizing its importance, we have collated an extensive list of cases in which it has been applied since its original announcement more than eleven years ago, from which time it has been consistently followed by us.” (Italics quoted.)”

   2 later decisions quote this exact passage
   e.g. In re Scharf · Application of Lepage's Incorporated (A Subsidiary of the Papercraft Corporation, and Assignee of Johnson & Johnson)