Marshall B. Alpert v. Harvey L. Slatin’s Empirical Analysis
305 F.2d 891 · 1962
Citation profile
6 federal appellate · 7 district ·
How this case has been cited
Cited by 55 later decisions — most recently November 2005 · most notably Burroughs Wellcome Co. v. Barr Laboratories, Inc. (1994), Rohm and Haas Company v. Crystal Chemical Company and Joe C. Eller (1983)
6 federal appellate · 7 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 Smith v. Bousquet · Swihart v. United States · Archer v. Papa · Jepson v. Egly
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 55 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Conception of an inventive process involves proof of mental possession of the steps of an operative process and, if necessary, of means to carry it out to such a degree that nothing remains but routine skill for effectuation thereof. If after the claimed conception date extensive research' was found' necessary before achieving minimum satisfactory performance obviously the mental embodiment of that date was a mere hope or expectation, a statement of a problem, but not an inventive conception. Alpert Exh. 4 was followed by extensive research characterized by perplexing intricate difficulties arising every step of the way and accordingly Alpert Exh. 4 is held not to constitute evidence of con ception of the invention of the count. [Emphasis added.]”
3 later decisions quote this exact passage“There is nothing in these reports as evidence other than self-serving declarations . . . . The defect in these reports as evidence is their inherent lack of material . . . .”
1 later decision quote this exact passage“where results at each step do not follow as anticipated, but are achieved empirically by what amounts to trial and error”
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.