Breuer v. DeMarinis’s Empirical Analysis
558 F.2d 22 · 1977
Citation profile
1 federal appellate ·
How this case has been cited
Cited by 8 later decisions — most recently February 2014
1 federal appellate ·
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. § 104 · 35 U.S.C. § 119
Relies on Berry v. Webb · In re Arkley · Den Beste v. Martin · Peeler v. Miller · Mikus v. Wachtel
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(c) When the effective filing date of an applicant is more than 3 months subsequent to the effective filing date of the patentee, the applicant, before the interference will be declared, shall file two copies of affidavits or declarations by himself, if possible, and by one or more corroborating witnesses, supported by documentary evidence if available, each setting out a factual description of acts and circumstances performed or observed by the affiant, which collectively would prima facie entitle him to an award of priority with respect to the effective filing date of the patent. This showing must be accompanied by an explanation of the basis on which he believes that the facts set forth would overcome the effective filing date of the patent. Failure to satisfy the provisions of this section may result in summary judgment against the applicant under § 1.228. .”
1 later decision quote this exact passagee.g. Kahl v. Scoville“We have frequently stated that a “rule of reason” approach is required in determining the type and amount of evidence necessary for corroboration. See Mikus v. Wachtel, 542 F.2d 1157 , 191 USPQ 571 (Cust.Pat.App.1976), and cases cited therein. This approach recognizes the realities of technical operations in modern day research laboratories. Berry v. Webb, 412 F.2d 261 , 56 CCPA 1272 , 162 USPQ 170 (1969); Hurwitz v. Poon, 364 F.2d 878 , 53 CCPA 1502 , 150 USPQ 676 (1966).”
1 later decision quote this exact passagee.g. Kahl v. Scoville
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.