Application of Johnsen
Decision Date | 12 May 1966 |
Docket Number | Patent Appeal No. 7656. |
Citation | 359 F.2d 905,53 CCPA 1401 |
Parties | Application of Carsten Ingeman JOHNSEN. |
Court | U.S. Court of Customs and Patent Appeals (CCPA) |
Carsten Ingeman Johnsen, pro se.
Joseph Schimmel, Washington, D. C. (Jere W. Sears, Washington, D. C., of counsel), for the Commissioner of Patents.
Before RICH, Acting Chief Judge, MARTIN, SMITH, and ALMOND, Judges, and Judge WILLIAM H. KIRKPATRICK.*
This is an appeal from the decision of the Board of Appeals which affirmed the examiner's rejection of claims 1, 5-7, and 12-15 in the appellant's application1 entitled "Generation of Hydrogen and Electrical Energy."
This case provides yet another illustration of the difficulties which beset an inventor, unfamiliar with Patent Office procedure, who prosecutes his application pro se and of the continuing validity of the observation by the Supreme Court in Topliff v. Topliff, 145 U.S. 156, 171, 12 S.Ct. 825, 831, 36 L.Ed. 658 that:
The board refused to consider new claims which the appellant presented in a reply brief to the examiner's Answer, on the ground that the reply brief was not timely and that it was not directed to any new points raised for the first time in the examiner's Answer as required by Patent Office Rule 193(b).
On appeal here, the appellant expresses no dissatisfaction with the examiner's and the board's rejection of claims 1, 5-7, and 12-15 under 35 U.S.C. § 112, nor does he point out where the board erred in rejecting those claims. While no question has been raised by the solicitor as to the sufficiency of the appellant's reasons of appeal to enable us to review that rejection, it seems to us that the reasonable inference to be drawn from the appellant's subsequent conduct is that he has abandoned pursuit of that issue. See In re Le Baron, 223 F.2d 471, 42 CCPA 956, and cases cited therein.
We do not "direct" or "order" the Commissioner of Patents to issue a patent even upon disagreeing with decisions of the Patent Office. The effect of our decision is to return the case involved to the Patent Office for further proceedings consistent with the court's...
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Application of Herr
...whether a particular rejection was right or wrong. Our decision governs "further proceedings in the case." 35 U.S.C. ž 144. In re Johnsen, 359 F.2d 905, 53 CCPA 1401. We cannot tell the Commissioner to issue a patent. Similarly, the courts of the District of Columbia, under 35 U.S.C. ž 145,......
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Application of Borg
...Our jurisdiction, of course, does not encompass review of a nonexistent decision of the board. 35 U.S.C. § 141; In re Johnsen, 359 F.2d 905, 53 CCPA 1401. We turn, then, to the rejection actually before us. The examiner rejected the present claims solely "on the ground of double patenting" ......