Application of Kenneth L. Russell’s Empirical Analysis

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

1. “* * * appellant contends that the prior art does not suggest the combining of two lanolin-solubilizing agents, viz., a polyoxyethylene ether of lanolin condensed with 16 mols of ethylene oxide and a higher fatty acid alkano-lamide. We disagree. Appellant admits that “One of the surface active lanolin derivatives referred to in the Conrad et al publication is polyoxy-ethylene ether of lanolin alcohol condensed with 16 mols of ethylene oxide.” Since Wei teaches that the combining of a higher fatty acide alkylo-lamide and a surface active agent is desirable, that “any suitable surface active agent may be employed,” and that these include non-ionic agents including “polyoxyethylene ethers of higher aliphatic alcohols,” it would appear that the mere combining of a particular higher fatty acid alkano-lamide and the surfactant shown in Conrad would have been obvious, in the absence of unexpectedly superior results or other evidence of non-obviousness. There is no evidence here that the mere selection of the ingredients was unobvious.”

   2 later decisions quote this exact passage
   e.g. In re Russell · In re Russell