In re Mead’s Empirical Analysis
581 F.2d 251 · 1978
Citation profile
7 federal appellate ·
How this case has been cited
Cited by 22 later decisions — most recently November 2014
7 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. § 103 · 35 U.S.C. § 251
Relies on Seymour v. Osborne · U. S. Industrial Chemicals, Inc. v. Carbide & Carbon Chemicals Corp. · Parker & Whipple Co. v. Yale Clock Co. · In re Handel · In re Rowand
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Thus, in Rowand and similar cases, “intent to claim” has little to do with “intent” per se, but rather is analogous to the requirement of § 112, first paragraph that the specification contain “a written description of the invention, and of the manner and process of making and using it.” It is, as appellant urges, synonymous with “right to claim.””
4 later decisions quote this exact passagee.g. In re Hounsfield · In re Amos“Whenever any patent is, through error without any deceptive intention, deemed wholly or partly inoperative or invalid ... by reason of the patentee claiming more or less than he had a right to claim in the patent, the Commissioner shall ... reissue the patent for the invention disclosed in the original patent, and in accordance with a new and amended application, for the unexpired part of the term of the original patent. No new matter shall be introduced into the application for reissue.”
2 later decisions quote this exact passage“And it is not enough that an invention might have been claimed in the original patent because it was suggested or indicated in the specification. It must appear from the face of the instrument that what is covered by the reissue was intended to have been covered and secured by the original.”
2 later decisions 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.