Application of John A. Nelson and Anthony C. Shabica’s Empirical Analysis

Citation profile

10 federal appellate · 5 district ·

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 63 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * * jn gome cases an applicant may, merely by naming his new instrument or material, indicate what its use is, as, for example, by saying he has invented a ‘match,’ ‘hammer,’ ‘paint,’ ‘adhesive,’ or ‘detergent.’ He may or may not have to go further in order to enable others to use the invention, depending on its nature and on how much those of ordinary skill in the art know. In other words, compliance with the law does not necessarily require specific recitations of use but may be inherent in description or may result from disclosure of a sufficient number of properties to make a use obvious ; and where those of ordinary skill in the art will know how to use, the applicant has a right to rely on such knowledge. If it will not be sufficient to enable them to use his invention, he must supply the know-how. * * *””

   7 later decisions quote this exact passage · from the majority
   e.g. In re Johnson · In re Haven

2. ““The descriptions in patents are not addressed to the public generally, to lawyers or to judges, but, as section 112 says, to those skilled in the art to which the invention pertains or with which it is most nearly connected. The sufficiency of a specification must be tested in the light of this fact and judged by what it conveys to those who are skilled in the art. The judge’s task is to decide whether from the disclosure the man skilled in the art can make the invention and use it. If he can, this part of the statute is complied with, subject to the one further requirement that the inventor describe the best mode contemplated by him of carrying out his invention.” ( 280 F.2d at 181 , 47 CCPA at 1045 ).”

   4 later decisions quote this exact passage · from the majority
   e.g. In re Wilke · Application of Gunther Wilke and Werner Pfohl

3. ““The basic purpose of the requirement that the specification contain a written description of the invention is to put those skilled in the art in possession of sufficient knowledge ‘to enable’ them to practice the invention. One cannot read the wording of section 112 without appreciating that strong language has been used for the purpose of compelling complete disclosure.””

   4 later decisions quote this exact passage · from the majority
   e.g. In re Johnson · In re Folkers