Application of Phelan, Patent Appeal No. 5957.
| Decision Date | 03 June 1953 |
| Docket Number | Patent Appeal No. 5957. |
| Citation | 98 USPQ 156,205 F.2d 183 |
| Parties | Application of PHELAN. |
| Court | U.S. Court of Customs and Patent Appeals (CCPA) |
Harvey B. Jacobson, Washington, D. C. (John H. Lewis, Jr., Washington, D. C., of counsel) for appellant.
Before GARRETT, Chief Judge, and O'CONNELL, JOHNSON, WORLEY, and COLE, Judges.
This is an appeal from the decision of the Board of Appeals of the United States Patent Office, one member dissenting, affirming the rejection by the examiner of appellant's application, filed August 21, 1947, for a patent for alleged new and useful improvements in a "Finger Ring."
The three claims in appellant's application were rejected by the board, but in oral argument here counsel for appellant moved to dismiss the appeal as to two of them. That motion being granted, the only claim remaining is claim 6 which reads:
The application was rejected on the ground of double patenting in view of a single reference, namely, appellant's design patent No. 150,726, dated August 24, 1948, on an application filed July 18, 1947.
The structure of appellant's device is sufficiently described in the claim.
The drawing which accompanied the design patent application and the drawing of the instant application for a mechanical patent both illustrate the same article.
Appellant contends that the Patent Office erred in holding that the claims constituted double patenting because they were "readable" on the disclosure contained in the design patent, and further erred in holding that any ring made in accordance with the claims would inevitably produce a structure so similar to the design patent that said patent would thereby be infringed.
The records and briefs before us have been carefully examined but we fail to find error on the part of the board in denying the application.
It is axiomatic that only one patent can be issued for one...
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Wahl v. Rexnord, Inc.
...to the public for a number of years thereafter. In re Thorington, supra, 418 F.2d at 532, 57 C.C.P.A. 759; see In re Phelan, 205 F.2d 183, 184, 40 C.C.P.A. 1023 (1953). Accordingly, in view of the foregoing analysis, plaintiffs' motion for reconsideration is APPENDIX A COPYRIGHT MATERIAL OM......
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Dembiczak, In re
...the same as those recited in the claims of a utility patent or application as producing a novel structure."); In re Phelan, 40 C.C.P.A. 1023, 205 F.2d 183, 98 USPQ 156 (CCPA 1953); In re Barber, 81 F.2d 231, 28 USPQ 187 (CCPA 1936); In re Hargraves, 53 F.2d 900, 11 USPQ 240 (CCPA 1931). In ......
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Phillips Petroleum Co. v. United States Steel Corp.
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Carman Industries, Inc. v. Wahl
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