· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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