In re Clemens’s Empirical Analysis
622 F.2d 1029 · 1980
Citation profile
2 federal appellate · 2 district ·
How this case has been cited
Cited by 30 later decisions — most recently December 2014 · most notably Ei Du Pont Nemours Company v. Phillips Petroleum Company, Kimberly-Clark Corporation v. Johnson & Johnson and Personal Products Company (1984)
2 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. § 102 · 35 U.S.C. § 103 · 35 U.S.C. § 112 · 35 U.S.C. § 144
Relies on United States v. Adams · Hazeltine Research, Inc. v. Brenner · In re Sinex · Ruschig · In re Bass
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“basic rule that 'any proper rejection involving section 102(g), whether or not combined with section 103 ..., must be based upon evidence of an invention prior to that of the applicant.”
2 later decisions quote this exact passage“[w]here an applicant begins with knowledge of another's invention that will be available to the public at a later date as a result of an issued patent, treating this other invention as prior art is justified under facts such as those in Bass.”
1 later decision quote this exact passage“[b]ecause the record does not support a finding that Barrett made his invention before appellants * * * the present 35 U.S.C. Sec. 102(g)/103 rejection of those claims must fall.”
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.