Thompson v. Hamilton’s Empirical Analysis
152 F.2d 994 · 1946
Citation profile
3 federal appellate ·
How this case has been cited
Cited by 17 later decisions — most recently May 2024
3 federal appellate ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It will be observed that there an exception was made to the two-year rule [now one year]. This was because of the fact that during all the time Chapman’s application was pending, Beede was claiming the invention, that the issuance of the pat-tent to Chapman was clearly an inadvertence, and that there was no delay on the part of Beede in claiming the invention since he had been claiming it from the beginning. * * * “ ‘A comparison of claims 1-5 of the Knight patent with the counts in issue shows very clearly that the two sets of claims are drawn to the same subject matter and invention. While the counts in issue are worded in somewhat broader terms than the claims of Knight it is evident that both the Jenks and Knight Pat-tents claim substantially the same invention. * * * ’ “ * * * While the language of the involved counts and that of the canceled and allowed claims differ somewhat, we are not convinced that the tribunals of the Patent Office were in error in holding that all of said claims were substantially for the same invention. It seems to us that the difference between them is more in the form of expression than in the inventive subject-matter covered.””
1 later decision quote this exact passage“An examination of these five claims [pre-critical date claims by Mr. Hamilton] shows that each feature of the counts [of the subsequent interference] had been covered by claim. Claims 1 and 2 are more specific than count 1 in that they include the bulged feature above mentioned. Claim 3 was sufficiently broad to read on the Thompson structure and it embodied the essential features in issue. Claim 4, except possibly for the stated method of assembly of the parts, was also sufficiently broad to read on the Thompson disclosure.”
1 later decision quote this exact passage“[T]he contention of counsel for appellant [Mr. Thompson], as we understand it, is, in effect, that the indefinite article “a” embraced in the rule [precursor to section 135(b)(1) ] should be interpreted as meaning “one.” It is obvious that the construction for which appellant contends would create an anomalous situation in cases such as that under consideration.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.