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· 8/2/1962

Application of Oliver Kenneth Kelley

Citations

  • 305 F.2d 909
  • 49 C.C.P.A. 1359

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that double inclusion of an element is objectionable when “separation of their functions ... require[s] an arbitrary structural division”
  • explaining that “[w]e see no reason why a single structural element ... which performs two separate functions, cannot support a claim reciting broadly these two separate functions”
  • stating that two claim terms may read upon the same physical structure
  • stating that two claim terms may read upon the same physical structure
  • noting that two limitations hypothetically can read on the same structure
  • cautioning against automatic reliance on a rule against double inclusion but noting, instead, that the governing consideration is “what is a reasonable construction of the language of the claims”

Source: CourtListener parenthetical corpus (CC0).

Judges: Worley, Rich, Martin, Smith, Kirkpatrick

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.