Application of Pierre Marcel Bourdon’s Empirical Analysis
1957
Citation profile
2 federal appellate ·
How this case has been cited
Cited by 20 later decisions — most recently June 1971
2 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.
Relationships
Relies on In re Kepler · In re Richter · In re Selmi · In re Gardiner · In re Christmann
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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““While it is clear from appellant’s specification that the use of rubber having a modulus of elasticity substantially higher than that of the rubber commonly used in tires is considered essential, it is not stated that the particular modulus and hardness set forth in the appealed claims are critical, but merely that they are preferable. As was held in In re Gardiner, 171 F.2d 313 , 36 C.C.P.A., Patents, 748 [ 80 USPQ 99 ], values which are described in an application only as being preferred cannot ordinarily be held to be critical. “It is well settled that proportions or values are critical only when they involve a difference in kind rather than in degree. In re [George A.] Richter, 53 F.2d 525 , 19 C.C.P.A., Patents, 756 [ 11 USPQ 251 ]; * *”
4 later decisions quote this exact passagee.g. In re Shepard · In re Saunders“proportions or values are critical only when they involve a difference in kind rather than in degree.”
2 later decisions quote this exact passagee.g. Application of Robert Touvay and Philippe Tommy Martin (Societe Anonyme Des Manufactures Des Glaces Et Produits Chimiques De Saint-Gobain, Chauny & Cirey, Assignee-Substituted) · Application of Robert Touvay and Philippe Tommy Martin (Societe Anonyme Des Manufactures Des Glaces Et Produits Chimiques De Saint-Gobain, Chauny & Cirey, Assignee-Substituted)
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.