In re Benner’s Empirical Analysis
174 F.2d 938 · 1949
Citation profile
6 federal appellate · 3 district ·
How this case has been cited
Cited by 36 later decisions — most recently August 2008 · most notably In re Schreiber (1997), Application of Henze (1950)
6 federal appellate · 3 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
Relies on In re Thuau · Old Town Ribbon & Carbon Co. v. Columbia Ribbon & Carbon Mfg. Co. · Braren v. Horner · Hall v. Shimadzu · In re Dawe
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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“* * * The phrase comprises the name of a product and is introductory. It does not contribute to the definition of any composition or any part of any composition. Whatever of limitation there may be about it is a limitation as to its use, and unfortunately or fortunately — we do not undertake to determine which — no provision has been made in the patent statutes for granting a patent upon an old product based solely upon discovery of a new use for such product. * * *”
1 later decision quote this exact passage“no provision has been made in the patent statutes for granting a patent upon an old product based solely upon discovery of a new use for such product”
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.