In re McCoy’s Empirical Analysis

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

1. ““The question is whether, in the 'light of the disclosures contained in the two patents, they are for the sa/me invention. This 'court has. said that they are if" the reissue fully describes and claims the very invention intended 'to .be secured by the original patent; if the reissue describes and claims only those things which were embraced in the invention intended to have to have been secured by the original patent; if the broader claims in the reissue are not merely suggested or indicated in the original specification but constitute parts or portions of, the invention which were intended or sought to be covered or sectored by the original patent. The required intention does not appear if the additional matter covered by the claims of the reissue is not disclosed in the original patent. If there be failure of disclosure in the original patent of matter claimed in the reissue, it will not aid the patentee that the new matter covered by the reissue was within his knowledge when he applied for his original patent. And it is not enough that an invention might have been claimed in the original patent because it was suggested or indicated in the specification. It must appear from the face of the instrument that zvhat is covered by the reissue was intended to have been covered and secured by the original. “As the Circuit Court of Appeals held, the original specification and claims treated! the voluntary introduction of water into the reaction chamber as a necessary step in the pr”

   1 later decision quote this exact passage
   e.g. Varian v. Llewellyn