Squires v. Corbett’s Empirical Analysis
560 F.2d 424 · 1977
Citation profile
3 federal appellate · 1 district ·
How this case has been cited
Cited by 26 later decisions — most recently June 2014 · most notably Case v. CPC International, Inc. (1984), Conservolite, Inc. v. Widmayer (1994)
3 federal appellate · 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. § 112 · 35 U.S.C. § 120
Relies on In re Gay · In re Borkowski · Den Beste v. Martin · George E. Hall, Jr. v. Louis B. Taylor · Loukomsky v. Gerlich
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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The “count”, as distinguished from a party’s “claim”, need not be patentable to either party in the sense of being fully supported by either party’s disclosure. In fact, where the interference is conducted on á “phantom” count, as described in § 1101.02 of the Manual of Patent Examining Procedure (Third Ed.), or on the basis of a modified patent claim in accordance with 37 CFR 1.205(a), at least one party, by definition, will not have full support for all the limitations of the count.”
4 later decisions quote this exact passagee.g. In re Kroekel · Weil v. Fritz“70. A process for the extrusion of multiple-layered sheeting of thermoplastic resin, said steps comprising the steps of (a) joining in a tube, at least two laminar-flow streams of molten thermoplastic resin into a combined stream of molten thermoplastic resin which has a sharply defined juncture between the components of the combined stream, (b) passing said combined stream of molten thermoplastic resin into a manifold of a sheeting extrusion die the juncture plane(s) between each of the individual molten thermoplastic resin components within the manifold being parallel to the principal direction of flow of the resin as it passes from the manifold and takes on the shape of sheeting, and (c) whereby a multiple-layered sheeting wherein the individual layers of thermoplastic resin are of substantially uniform thickness over substantially all of the width of the sheeting is formed. [Emphasis ours.]”
1 later decision quote this exact passagee.g. Corbett v. Chisholm“(a) Whenever an application is made for a patent which, in the opinion of the Commissioner, would interfere with any pending application, or with any unexpired patent, he shall give notice thereof to the applicants, or applicant and patentee, as the case may be. The question of priority of invention shall be determined by a board of patent interferences (consisting of three examiners of interferences) whose decision, if adverse to the claim of an applicant, shall constitute the final refusal by the Patent and Trademark Office of the claims involved, and the Commissioner may issue a patent to the applicant who is adjudged the prior inventor.”
1 later decision 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.