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· 12/26/1991

Continental Can Company Usa, Inc. And Continental Pet Technologies, Inc. v. Monsanto Company, Hoover Universal, Inc. And Johnson Controls, Inc.

Citations

  • 948 F.2d 1264

How courts have described this case

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

  • vacating summary Case: 22-1905 Document: 57 Page: 31 Filed: 04/12/2024 LUV N' CARE, LTD. v. LAURAIN 31 judgment of obviousness because disputed fact issues ex- isted regarding secondary considerations
  • vacating summary Case: 22-1905 Document: 57 Page: 31 Filed: 04/12/2024 LUV N' CARE, LTD. v. LAURAIN 31 judgment of obviousness because disputed fact issues ex- isted regarding secondary considerations
  • descriptive matter may be inherently present in a specification if one skilled in the art would necessarily recognize such a disclosure
  • “The significance of a new structure is often better measured in the market-place than in the courtroom.”
  • “Summary judgment is as available in patent cases as in other areas of litigation.”
  • “To serve as an anticipation when the reference is silent about the asserted inherent characteristic, such gap in the reference may be filled with recourse to extrinsic evidence.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Newman, Archer, Rader

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.