Loukomsky v. Gerlich’s Empirical Analysis
264 F.2d 907 · 1959
Citation profile
How this case has been cited
Cited by 34 later decisions — most recently August 1977 · most notably Charles B. Swain and Albert G. Schuessler v. Bob C. Crittendon (1964), Squires v. Corbett (1977)
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 Den Beste v. Martin · Stern v. Schroeder · Carl F. Prutton v. Everett W. Fuller and Ellwood M. Johnson · Field v. Stow
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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It is elementary that, in the absence of ambiguity, the counts of an interference are to be given the broadest interpretation which they will reasonably support. Stern [et al.] v. Schroeder [et al.], 36 F.2d 518, 17 CCPA 690; Hartog v. Long [et al.], 47 F.2d 365, 18 CCPA 993; Field v. Stow, 49 F.2d 840, 18 C.C. P.A. 1437. 41 * * * * * * 42 "While the Board of Patent Interferences held that `Loukomsky's original patent did not disclose the invention of the count and it is not inherent therein,' (emphasis ours) the reasons on which that holding was based appear to be directed to what Loukomsky is entitled to claim in a patent, rather than to what he discloses. The board emphasizes the fact that Loukomsky indicates in his specification that the presence of additional materials in the solution is of critical importance and that he does not teach that such materials might be omitted. That fact might be important if the count were limited to the use of a coating composition consisting of a solution of a viny copolymer * * *.”
2 later decisions quote this exact passage“A process for the production of well-adhering coatings on the surface of polyethylene ¡articles which comprises applying thereto a solution containing an interpolymerization product of a major proportion of vinyl chloride and a minor proportion of a vinyl ester and drying the applied coating.”
2 later decisions quote this exact passage“* * * The error of the board resides in its having predicated its decision on the priority issue on whether Loukomsky was entitled to claim the process of the count. That question may very well have to be decided after the interference is over, but at this juncture the sole issue is whether Loukomsky is entitled to an award of priority which would deny the count to Gerlich. There is no dispute that Loukomsky has established the earlier date. Since we hold he is entitled to make the count for the purposes of this contest, he is entitled to the award of priority, which is to say, of course, that Gerlich is not entitled to a claim which reads on the prior disclosure of Loukomsky, whether or not Loukomsky is entitled to the same claim in a patent.”
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.