Burr v. Duryee’s Empirical Analysis

Citation profile

105 federal appellate · 33 district · 6 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 293 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “either without variation, or with such variations as are consistent with its being in substance the same thing.”

   18 later decisions quote this exact passage · from the majority
   e.g. Carter Mach. Co. v. Hanes · Brett v. Quintard

2. ““The surrender of valid patents and the granting of reissued patents thereon, with expanded or equivocal claims, when the original was clearly neither inoperative nor invalid, and which specification is neither defective nor insufficient, is a great abuse of the privilege granted by the statute and productive of great Injury to the public. This privilege was not given to the patentee or hits assignee in order that the patent may be rendered more elastic or expansive, and therefore more available for the suppression of all other invention.””

   2 later decisions quote this exact passage · from the majority
   e.g. Chicago Ry. Equipment Co. v. Perry Side Bearing Co. · Wichita Visible Gasoline Pump Co. v. Clear Vision Pump Co.

3. ““When a patent fully and clearly, without ambiguity or obscurity, describes and claims a specific invention, complete in itself, so that it cannot be said to be inoperative or invalid by reason of a defective or insufficient specification, a reissue cannot be had for the purpose of expanding and generalizing the claim, so as to make it embrace an invention not described and specified in the original.””

   1 later decision quote this exact passage
   e.g. Chicago Ry. Equipment Co. v. Perry Side Bearing Co.