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

1. ““It is argued by the Solicitor for the Patent Office that appellant was entitled to no more than he obtained by the claims which were allowed in the Patent Office, which claims covered features of appellant’s structure not disclosed in the references, and tha,t the substitution of the method of refrigerating the skating rink floor for the method of providing a display shelf did not constitute invention, hut was merely a substitution which mechanical skill alone would suggest. “The record discloses that the idea occurred to no one hut the applicant, and we cannot agree that the substitution of a process connected with a floor used in a skating rink for that of a refrigerating counter for food did not constitute inventive genius. Certainly there is considerable doubt on this question. This doubt should have been resolved in favor of the applicant.””

   1 later decision quote this exact passage · from the majority
   e.g. In re Luks

2. ““As a result of tho authorities upon this subject, it may be said that, if the new use be so nearly analogous to the former one that tho applicability of the device to its new use would occur to a person of ordinary mechanical skill, it is only a case of double use; but if the relations between them be remote, and especially if the use of the old device produce a new result, it may at least involve an exercise of the inventive faculty. Much, however, must still depend upon the nature of the changes required to adapt the device to its new use.” (Italics quoted.)”

   1 later decision quote this exact passage · from the majority
   e.g. In re Schneider

3. ““The German patent to Hldebrandt discloses a flooring for indoor skating links. The manner of forming the ice and maintaining the same is almost identical with the method of applicant.””

   1 later decision quote this exact passage · from the majority
   e.g. In re Luks