In re Weiler
United States Court of Appeals for the Federal Circuit
790 F.2d 1576, 229 U.S.P.Q. 673 (1986)
- Written by Eric Miller, JD
Facts
Elmar Weiler applied for a patent whose claims the United States Patent and Trademark Office (PTO) examiner determined contained three separate inventions. Weiler chose to move forward with the claims of one invention, and a patent was issued. Weiler later filed for a reissue patent. The PTO examiner rejected two claims that it determined covered an invention that was not included in Weiler’s original patent application. The PTO board of appeals affirmed the rejection, finding no evidence that Weiler had originally intended to include the claims in question. Weiler appealed to the United States Court of Appeals for the Federal Circuit.
Rule of Law
Issue
Holding and Reasoning (Markey, C.J.)
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