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· 11/23/1983

Jerry F. Connell, Gary F. Burns and Conelco, Inc., Appellants/cross-Appellees v. Sears, Roebuck & Co., a Corporation, Appellee/cross-Appellant

Citations

  • 722 F.2d 1542
  • 220 U.S.P.Q. (BNA) 193
  • 1983 U.S. App. LEXIS 13699

How courts have described this case

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

  • prefacing quoted discussion of relationship between anticipation and obviousness with “it is never necessary to so hold”
  • imposing sanctions for a frivolous appeal when appellant solely relied on arguments made below without identifying any legal error
  • “the right to exclude recognized in a patent is but the essence of the concept of property”
  • “Though it is never necessary to so hold, a disclosure that anticipates under § 102 also renders the claim invalid under § 103, for “anticipation is the epitome of obviousness”
  • “[T]he need to determine obviousness presumes anticipation is lacking”
  • “[T]he need to determine obviousness presumes anticipation is lacking.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Markey, Smith, Cowen

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.