In re Kuehl’s Empirical Analysis
475 F.2d 658 · 1973
Citation profile
4 federal appellate · 3 district ·
How this case has been cited
Cited by 40 later decisions — most recently November 2005 · most notably In re Wertheim (1976), Ipxl Holdings Llc v. Amazoncom Inc
4 federal appellate · 3 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. § 103 · 35 U.S.C. § 112 · 35 U.S.C. § 154
Relies on Graham v. John Deere Company of Kansas City Calmar Inc · In re Prater · Larsen · In re Prater · In re Seaborg
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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“series identified by Frilette as to render the use of ZK-22 to crack hydrocarbons, albeit in the manner used by Frilette, obvious to one of ordinary skill in the art. ZK-22 is not a homologue, isomer, or chemical analogue of series”
3 later decisions quote this exact passage“The test under § 103 is whether in view of the prior art the invention as a whole would have been obvious at the time it was made, and the prior art here does not include the zeolite, ZK-22. The obviousness of the process of cracking hydrocarbons with ZK-22 as a catalyst must be determined without reference to knowledge of ZK-22 and its properties. So judged, the process of the appealed claims would not have been obvious. [Emphasis ours.]”
2 later decisions quote this exact passage““[I]t is in the public interest to permit appellant to claim the process as well as the product. The result is to encourage a more detailed disclosure of the specific methods of using the novel composition he has invented in order to have support for the process claims.” 475 F.2d at 666 .”
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.