In re Wagenhorst’s Empirical Analysis

Citation profile

1 state decisions

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

1. ““This court is not disposed to apply, in these cases, the rigid and inflexible rules as to assignments of error sometimes applied by the courts in other proceedings. The statute should be liberally and reasonably construed, and its purpose to give to parties appealing to this court from Patent Office decisions a speedy and effective revision thereof should not be defeated by a highly technical construction of the written ‘reasons of appeal.’ If the court and the Patent Office are advised, by these written reasons, of the questions at issue, that is sufficient to enable the court to ‘revise the decision appealed from in a summary way.’ Section 4914 Rev.St. [Now 35 U.S.C. § 144 .]””

   3 later decisions quote this exact passage · from the majority
   e.g. In re Gruschwitz · In re Gruschwitz

2. ““There seems to be no real necessity, in order to raise the question here, that each ground of refusal given by the Examiner and affirmed by the Board, should be set out, seriatim.””

   3 later decisions quote this exact passage · from the majority
   e.g. In re Gruschwitz · In re Gruschwitz

3. ““The Board of Appeals having affirmed the decision of the examiner in rejecting the claims of appellant on certain grounds and upon certain named references, held that such affirmance has the legal effect of a rejection upon the grounds and references cited by examiner, and not expressly reversed by the board.” (Italics quoted.)”

   1 later decision quote this exact passage · from the dissent
   e.g. In re Boyce