(New page: '''Citation:''' ''In re Wheeling,'' 413 F.2d 1187, 162 U.S.P.Q. (BNA) 588 (C.C.P.A. 1969). Method claims were rejected by the Patent Office as having no novelty other than [[ment...) |
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| − | '''Citation:''' ''In re Wheeling, |
+ | '''Citation:''' ''In re'' Wheeling, 413 F.2d 1187, 162 U.S.P.Q. (BNA) 588 (C.C.P.A. 1969)([http://scholar.google.com/scholar_case?case=3285174583462160958&q=%22413+F.2d+1187&hl=en&as_sdt=2002 full-text]). |
| + | == U.S. Patent and Trademark Office Proceedings == |
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[[Method claim]]s were rejected by the [[Patent Office]] as having no novelty other than [[mental steps]]. The [[claim]]s related to the production of an optimum value of a system output function, where the effect of changes in variables upon the function could be determined. |
[[Method claim]]s were rejected by the [[Patent Office]] as having no novelty other than [[mental steps]]. The [[claim]]s related to the production of an optimum value of a system output function, where the effect of changes in variables upon the function could be determined. |
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| + | == C.C.P.A. Proceedings == |
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On appeal the [[C.C.P.A.]] remanded the case for further hearings. The reasoning was that in [[reject]]ing [[claim]]s, the [[Patent Office]] failed to state the statutory basis for the [[rejection]]. The court further held that the [[Patent Office]] must also identify the issues with sufficient clarity that the [[C.C.P.A.]] can review them on appeal. |
On appeal the [[C.C.P.A.]] remanded the case for further hearings. The reasoning was that in [[reject]]ing [[claim]]s, the [[Patent Office]] failed to state the statutory basis for the [[rejection]]. The court further held that the [[Patent Office]] must also identify the issues with sufficient clarity that the [[C.C.P.A.]] can review them on appeal. |
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Revision as of 08:11, 2 December 2009
Citation: In re Wheeling, 413 F.2d 1187, 162 U.S.P.Q. (BNA) 588 (C.C.P.A. 1969)(full-text).
U.S. Patent and Trademark Office Proceedings
Method claims were rejected by the Patent Office as having no novelty other than mental steps. The claims related to the production of an optimum value of a system output function, where the effect of changes in variables upon the function could be determined.
C.C.P.A. Proceedings
On appeal the C.C.P.A. remanded the case for further hearings. The reasoning was that in rejecting claims, the Patent Office failed to state the statutory basis for the rejection. The court further held that the Patent Office must also identify the issues with sufficient clarity that the C.C.P.A. can review them on appeal.