In re Hellsund’s Empirical Analysis
474 F.2d 1307 · 1973
Citation profile
1 district ·
How this case has been cited
Cited by 10 later decisions — most recently December 1991
1 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
Applies 35 U.S.C. § 102 · 35 U.S.C. § 103
Relies on In re Land · In re Zickendraht · In re Gruschwitz · In re Bass · Application of Hans Hilmer, Gerhard Korger, Rudi Weyer and Walter Aumuller
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“1 have concluded that the term [“prior art”] was used in section 103 as a term of art. That is, the drafters intended the term “prior art” to have the same meaning in section 103 as had been established by the courts over the years, rather than giving it some special meaning to be defined in the statute. Since section 102 does not define what is “prior art,” material may be “prior art” within the meaning of section 103 although that material is not mentioned in section 102. Likewise, while much of what is mentioned as defeating novelty or establishing loss of right under section 102 is also “prior art” under section 103, much of section 102 deals with matter which is not prior art at all. Section 102(c) [relating to abandonment] is one obvious example.”
1 later decision quote this exact passage · from the concurrencee.g. In re Fout
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.