In re Faustmann’s Empirical Analysis
155 F.2d 388 · 1946
Citation profile
4 federal appellate · 1 district ·
How this case has been cited
Cited by 33 later decisions — most recently April 1970 · most notably In re Laverne (1966), In re Johnson (1949)
4 federal appellate · 1 district ·
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.
Relationships
Applies 35 U.S.C. § 31
Relies on Gorham Company v. White · Smith v. Whitman Saddle Co. · Strause Gas Iron Co. v. William M. Crane Co. · Steffens v. Steiner · In re Walter
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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In mechanical patents a combination of old elements is not invention unless there is a new and unexpected coaction between the consolidated elements producing a new result not flowing from the individual characteristics of each of the elements. Now, in a design combination such as we have at bar, if coaction between the consolidated elements is to be regarded as necessary it must flow from a new, unexpected, ornamental and pleasing appearance brought about by the putting together of the old elements.”
1 later decision quote this exact passage“Thus it is seen that the authority for granting a design patent is based upon four propositions — the design must be new, original, ornamental, and must be the product of invention.”
1 later decision quote this exact passage“new, original, and ornamental design for an article of manufacture.”
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.