In re Lovin’s Empirical Analysis
652 F.3d 1349 · 2011
Citation profile
5 federal appellate ·
Relationships
Applies 28 U.S.C. § 1295 · 35 U.S.C. § 2
Relies on Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc. · Udall v. Tallman · Auer v. Robbins · Bowles v. Seminole Rock & Sand Co. · Thomas Jefferson University v. Shalala
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Claim 26 specifies that the dice 'are rolled in an electronic tumbler.' "). J.A. 63, 71. Rule 41.37(c)(1)(iv) specifies that, when an applicant does not provide separate arguments for different patent claims, the Board may select a single claim from a group and decide the appeal on the basis of the selected claim alone. And our case law and Rule 41.37(c)(1)(iv) make clear that, for an applicant to receive separate consideration by the Board for each of its appealed claims, an applicant's appeal brief must contain substantive argument beyond "a mere recitation of the claim elements and a naked assertion that the corresponding elements were not found in the prior art.”
1 later decision quote this exact passage · from the majority“). J.A. 63, 71. Rule 41.37(c)(1)(iv) specifies that, when an applicant does not provide separate arguments for different patent claims, the Board may select a single claim from a group and decide the appeal on the basis of the selected claim alone. And our case law and Rule 41.37(c)(1)(iv) make clear that, for an applicant to receive separate consideration by the Board for each of its appealed claims, an applicant's appeal brief must contain substantive argument beyond”
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.