In re Novak’s Empirical Analysis
306 F.2d 924 · 1962
Citation profile
2 federal appellate · 5 district ·
How this case has been cited
Cited by 56 later decisions — most recently May 2016 · most notably In re Citron (1963), Rasmusson v. Smithkline Beecham Corp. (2005)
2 federal appellate · 5 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 Le Baron · In re Lorenz · Isenstead v. Watson · L. & C. Hardtmuth, Inc. v. Fabrique Suisse De Crayons Caran D'Ache S.A. · In re LeBaron
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 56 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“* * * when an applicant bases utility for a claimed invention on allegations of the sort made by appellants here, unless one with ordinary skill in the art would accept those allegations as obviously valid and correct, it is proper for the examiner to ask for evidence which substantiates them.”
14 later decisions quote this exact passagee.g. In re Citron · In re Gottlieb“* * * those of ordinary skill would not readily accept allegations that all insects which have been rendered symbiont-free would be sexually sterile. Therefore, the rejection for lack of proof of utility is deemed proper in the absence of a showing that insects not dependent upon symbionts for their reproductive capabilities would be rendered sexually sterile by ingesting nitrofurans. No such showing has been offered.”
2 later decisions 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.