Dueltgen v. Parker’s Empirical Analysis
579 F.2d 638 · 1978
Citation profile
5
cited by 5 later decisions
April 1983
most recently cited
2 federal appellate ·
Relationships
Relies on Squires v. Corbett · In re Davies · Seng v. Dann · Weil v. Dann · Cook v. Dann
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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Redress from an examiner’s denial of a motion raising a non-ancillary issue is by petition to the Commissioner. 37 CFR 1.181, 1.231(d), 1.244. Here, a petition was filed and the Commissioner refused to disturb the examiner’s denial. The standard of review of the Commissioner’s decision in such cases, upon petition for writs of prohibition and mandamus, concerns only the exercise of the Commissioner’s discretion. Petitioners have not here established that the Commissioner abused his discretion. Writs of prohibition and mandamus would therefore be inappropriate with respect to the motion based on allegation (2) and interpreted as raising an issue not ancillary to priority. See Cook v. Dann, 522 F.2d 1276 , 188 USPQ 175 (Cust. & Pat.App.1975). [Id. at 640, 198 USPQ at 618.]”
1 later decision quote this exact passage · from the majority
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.