User:Gtorrisi/priorpublication.html: Difference between revisions
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Created page with "Case: [http://campus.westlaw.com.proxy.library.nd.edu/result/default.wl?method=None&vr=2.0&mt=CampusLaw&findtype=Y&scxt=WL&rltkclimit=None&rlt=CLID_FQRLT9849902317223&spa=0036544..." |
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Case: [http://campus.westlaw.com.proxy.library.nd.edu/result/default.wl?method=None&vr=2.0&mt=CampusLaw&findtype=Y&scxt=WL&rltkclimit=None&rlt=CLID_FQRLT9849902317223&spa=003654480-2000&serialnum=1981133328&rlti=1&historytype=F&mqv=d&service=Find&tc=-1&nn=-1&pbc=C73D2289&sv=Split&showhitsonly=False&fn=_top&tf=-1&rp=/Find/default.wl&cnt=DOC&cxt=DC&n=1&rs=WLW11.01&ss=CNT In Re Wyer - 655 F.2d 221] | Case: [http://campus.westlaw.com.proxy.library.nd.edu/result/default.wl?method=None&vr=2.0&mt=CampusLaw&findtype=Y&scxt=WL&rltkclimit=None&rlt=CLID_FQRLT9849902317223&spa=003654480-2000&serialnum=1981133328&rlti=1&historytype=F&mqv=d&service=Find&tc=-1&nn=-1&pbc=C73D2289&sv=Split&showhitsonly=False&fn=_top&tf=-1&rp=/Find/default.wl&cnt=DOC&cxt=DC&n=1&rs=WLW11.01&ss=CNT In Re Wyer - 655 F.2d 221] | ||
"Statute precluding patent if invention was described in printed publication more than one year prior to date of application for patent was designed to prevent withdrawal by inventor, as subject matter of patent, that which is already within possession of public. 35 U.S.C.A. § 102(b)." | "Statute precluding patent if invention was described in printed publication more than one year prior to date of application for patent was designed to prevent withdrawal by inventor, as subject matter of patent, that which is already within possession of public. 35 U.S.C.A. § 102(b)." | ||
In this case, all of the claims in a U.S. patent application for a cable junction box were rejected because the patent had been described in an Australian patent application prior to one year of the U.S. application. The patent was printed and accessible to those working in the Australian patent office and sub-offices as well as available to the public upon request. | |||
Revision as of 22:47, 22 March 2011
Case: In Re Wyer - 655 F.2d 221
"Statute precluding patent if invention was described in printed publication more than one year prior to date of application for patent was designed to prevent withdrawal by inventor, as subject matter of patent, that which is already within possession of public. 35 U.S.C.A. § 102(b)."
In this case, all of the claims in a U.S. patent application for a cable junction box were rejected because the patent had been described in an Australian patent application prior to one year of the U.S. application. The patent was printed and accessible to those working in the Australian patent office and sub-offices as well as available to the public upon request.
