Morris v. Diamond’s Empirical Analysis

Citation profile

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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “On April 10, 1980, former Acting Commissioner Parker entered an order 1 in this interference vacating a decision 2 of the Board of Patent Interferences excluding from evidence testimony taken by Marshall. Marshall took testimony on September 25, 1979. Morris then moved (Paper No. 34) to suppress the testimony, basically on the ground that Marshall had not timely served documents under 37 CFR 1.287(a). Marshall maintained, and Morris denied, that the parties had agreed under 37 CFR 1.287(e) to extend the time for serving documents under 37 CFR 1.287(a). The board granted Morris’ motion (Paper No. 34), holding (Paper No. 54) that Marshall had failed to prove the existence of an agreement under 37 CFR 1.287(e). Marshall, however, prior to serving documents under 37 CFR 1.287(a) had filed a motion (Paper No. 27) for an extension of time to serve his documents under 37 CFR 1.287(a). The patent interference examiner dismissed (Paper No. 28) the motion, because it was indicated therein that the requested time had been agreed to by Morris. Later, it turned out that the parties were unable to agree on whether they had agreed. Former Acting Commissioner Parker held that the patent interference examiner should have granted, rather than dismiss, the motion by Marshall for an extension of time. Former Acting Commissioner Parker specifically found that, but for the error by the patent interference examiner, the problems which occurred in this interference probably would not have occurred. ”

   1 later decision quote this exact passage
   e.g. Morris v. Tegtmeyer