In re Taborsky’s Empirical Analysis

Citation profile

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

1. “How can there be obviousness of structure, or particularly of the subject matter as a whole, when no apparent purpose or result is to be achieved, no reason or motivation to be satisfied, upon modifying the reference compounds’ structure? Where the prior art reference neither discloses nor suggests a utility for certain described compounds, why should it be said that a reference makes obvious to one of ordinary skill in the art an isomer, homolog or analog of related structure, when that mythical, but intensely practical, person knows of no “practical” reason to make the reference compounds, much less any structurally related compounds?”

   2 later decisions quote this exact passage
   e.g. In re Lalu · In Re Jean Pierre Lalu and Louis Foulletier

2. “Since we hold that the prior art of record fails to establish that the fluoro-substi-tuted compounds recited in appellant’s claims are prima facie obvious, it is unnecessary to consider any comparative evidence with respect to the properties of these compounds.”

   1 later decision quote this exact passage
   e.g. In re Dillon

3. “the prior art teachings [are] sufficient to one of ordinary skill in the art to suggest making the proposed substitution or other modification,”

   1 later decision quote this exact passage
   e.g. In Re George Levitt