In re Wilder’s Empirical Analysis
563 F.2d 457 · 1977
Citation profile
6 federal appellate · 2 district ·
How this case has been cited
Cited by 25 later decisions — most recently May 2012 · most notably Takeda Chemical Industries, Ltd. v. Alphapharm Pty., Ltd. (2007), In re Kaslow (1983)
6 federal appellate · 2 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
Relies on Weiss v. Roschke · In re Hoch · Application of Gene R. Wilder · In re Mod
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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Wilder’s discovery of the absence of skin toxicity in the claimed compound does not end the inquiry, because one who claims a compound, per se, which is structurally similar to a prior art compound must rebut the presumed expectation that the structurally similar compounds have similar properties. In re Hoch, supra [ 428 F.2d 1341 , 57 CCPA 1292 , 166 USPQ 406 (1970)]. Appellant has shown no actual difference [emphasis in original] in properties between the two compounds [claimed compound and prior art homologue] or any other evidence sufficient to rebut that expectation. [Emphasis added.]”
1 later decision quote this exact passagee.g. In re May
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.