Application of Eric D. Brown’s Empirical Analysis
1964
Citation profile
4 federal appellate · 6 district ·
How this case has been cited
Cited by 58 later decisions — most recently March 2010 · most notably Scripps Clinic & Research Foundation v. Genentech, Inc. (1991), Pfizer, Inc. v. International Rectifier Corp. (1976)
4 federal appellate · 6 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 LeGrice · In re Von Bramer · E. I. Dupont De Nemours and Company v. David L. Ladd, Commissioner of Patents, and Luther H. Hodges, Secretary of Commerce · 219 F. Supp. 366 - Phillips Petroleum Company v. Ladd
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 58 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“To the extent that anyone may draw an inference from the Von Bramer case that the mere printed conception or the mere printed contemplation which constitutes the designation of a “compound” is sufficient to show that such a compound is old, regardless of whether the compound is involved in a 35 U.S.C. § 102 or 35 U.S.C. § 103 rejection, we totally disagree. [Footnotes omitted.] * * * We think, rather, that the true test of any prior art relied on to show or suggest that a chemical compound is old, is whether the prior art is such as to place the disclosed “compound” in the possession of the public. [Citations omitted.] .”
3 later decisions quote this exact passage“* * * This doctrine, which appears to have resulted from In re Von Bra-mer et al., supra, seems over a period of years to have been tailored in some quarters to a principle which defeats the novelty of a chemical compound on the basis of a mere printed conception or a mere printed contemplation of a chemical “compound” irrespective of the fact that the so-called “compound” described in the reference is not in existence or that there is no process shown in the reference for preparing the compound, or that there is no process known to a person having ordinary skill in the relevant art for preparing the compound. In other words a mere formula or a mere sequence of letters which constitute the designation of a “compound,” is considered adequate to show that a compound in an application before the Patent Office, which compound is designated by the same formula or the same sequence of letters, is old. We do not think that the Von Bramer case should be so construed. [Emphasis added.] * # w * -Jf •X’ To the extent that anyone may draw an inference from the Von Bramer case that the mere printed conception or the mere printed contemplation which constitutes the designation of a “compound” is sufficient to show that such a compound is old, regardless of whether the compound is involved in a 35 U.S.C. § 102 or 35 U.S.C. § 103 rejection, we totally disagree. * * * [Footnotes omitted.]”
2 later decisions quote this exact passage“Giudicelli et al. could not prepare these compounds by their | chosen method. However, the test of an “enabling disclosure” is not whether the reference teaches how to make the compounds, but whether the reference taken with the remainder of “the prior art is such as to place the disclosed ‘compound’ in the possession of the public.””
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.