In re Herbert’s Empirical Analysis
461 F.2d 1390 · 1972
Citation profile
1 federal appellate ·
Relationships
Applies 35 U.S.C. § 103 · 35 U.S.C. § 112 · 35 U.S.C. § 119 · 35 U.S.C. § 120
Relies on In re Prater · Larsen · In re Prater · In re Seaborg · Application of William A. Sheppard
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“We agree with the solicitor that the fact that the double emulsions disclosed in the reference are only intermediates formed during the production of the products with which the reference is ultimately concerned does not detract from the efficacy of the British patent as a reference.”
1 later decision quote this exact passagee.g. In re Mullin
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.