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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. Part of the question was whether or not microfilm constituted a printed publication since the patent documents were kept on a microfilm. However, several printed copies were made for distribution to the sub-offices. Precedent held that microfilms did constitute printed publication, regardless, it was pointed out that there is little difference between printing copies and having them sit on a shelf, accessible upon request, and having a microfilm from which copies could be printed upon request. The patent was initially rejected by the United States Patent and Trademark Office Board of Appeals, appealed, and the decision was affirmed by the United States Court of Customs and Patent Appeals.