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In re Clay
Court of Appeals for the Federal Circuit
966 F.2d 656 (1992)
- Written by Craig Conway, LLM
Facts
Clay (appellant) filed a patent application with claims directed to a process for storing and removing petroleum products in a tank, including the use of a dead volume apparatus at the bottom of the tank. The patent examiner rejected the claims as obvious in light of two references, Hetherington and Sydansk. Clay appealed to the Board of Patent Appeals and Interferences, which upheld the rejection. Clay appealed to the Federal Circuit.
Rule of Law
Issue
Holding and Reasoning (Lourie, C.J.)
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