In re McKee’s Empirical Analysis
75 F.2d 635 · 1935
Citation profile
How this case has been cited
Cited by 17 later decisions — most recently June 1964
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.
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It will be illuminating, perhaps, to contrast In re McKee with the present case. The invention there claimed was a method of slicing meat by first freezing it. The application defined ‘slicing’ as including sub dividing ‘in whatever manner may be employed, as for instance, by means of a knife, chopping tool, or saw.’ The thus defined term ‘slicing’ was employed in the claims and the applicant himself had determined what it was to mean. The first thing to note is that the court fully agreed with the board that the claims, so written, were fully met by the references because the applicant had so broadened the meaning of ‘slicing’ as to read on chopping and sawing, which the references showed. When it was argued that claims specifically limited to the use- of a knife blade cutter should be allowed this court said, “ ‘The difficulty with this position is that the appellant, by his definition of the meaning of “slicing,” * * * considers a knife, a chopping tool, and a saw as equivalents. If he so considers and treats them, then he can claim no patentable distinction between them upon this application.’ ””
3 later decisions quote this exact passage““The term ‘slice’ as used herein refers to a minor division of the carcass part, and the term ‘slicing’ refers to the separation of the carcass, or carcass part, into such minor divisions in whatever manner may be employed, as for instance, by means of a knife, chopping tool, or saw.””
3 later decisions quote this exact passage“`The difficulty with this position is that the appellant, by his definition of the meaning of”
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.