In re Thorpe

5 Citing briefs

  1. Flexi-Mat Corporation v. Dallas Manufacturing Company, Inc. et al

    REPLY to Response to Motion re MOTION for Summary Judgment

    Filed January 30, 2006

    Whether or not the covers start off "complete" is immaterial; all that matters for an apparatus claim is the end product. See In re Bell, 991 F.2d at 785; In re Thorpe, 777 F.2d at 697. 2.

  2. Flexi-Mat Corporation v. Dallas Manufacturing Company, Inc. et al

    MEMORANDUM in Opposition re MOTION for Summary Judgment

    Filed January 9, 2006

    Whether the covers start off "complete" or not is immaterial; all that matters for an apparatus claims is the end product. See In re Bell, 991 F.2d at 785; In re Thorpe, 777 F.2d at 697. B. In None of the Accused Dallas Manufacturing Beds Is "Substantially All" of the Bolster Disposed "Exteriorly" About the Perimeter of the Bottom Cushion Each of the accused Dallas Manufacturing beds has its bolster disposed on or over the top of the bottom cushion, not "exteriorly about at least a portion of the perimeter" of the bottom cushion.

  3. Innovatit Seafood Systems, LLC v. Commissioner for Patents

    MEMORANDUM. Signed

    Filed August 29, 2008

    Prior art anticipates a claimed product if the prior art reference discloses it, even if the product is made by a process different than that claimed. See In re Thorpe, 777 F.2d 695 (Fed. Cir. 1985) (patent claim rejected for composition used in carbonless copy paper systems that were known in prior art but made by different process). The process may be patentable if it is truly new, but, as discussed supra, the PTO’s conclusion that Voisin’s high-pressure process is not novel has been upheld.

  4. Innovatit Seafood Systems, LLC v. Commissioner for Patents

    MEMORANDUM. Signed

    Filed August 29, 2008

    Prior art anticipates a claimed product if the prior art reference discloses it, even if the product is made by a process different than that claimed. See In re Thorpe, 777 F.2d 695 (Fed. Cir. 1985) (patent claim rejected for composition used in carbonless copy paper systems that were known in prior art but made by different process). The process may be patentable if it is truly new, but, as discussed supra, the PTO’s conclusion that Voisin’s high-pressure process is not novel has been upheld.

  5. Innovatit Seafood Systems, LLC v. Commissioner for Patents

    MOTION for Summary Judgment

    Filed November 2, 2007

    In other words, if a prior art reference discloses the claimed product, even if it is made by a process different than that claimed, the prior art nevertheless anticipates the claimed product. This was precisely the case in In re Thorpe, 777 F.2d 695 (Fed. Cir. 1985). There, the Case 1:06-cv-00825-JR Document 28 Filed 11/02/2007 Page 23 of 33 3 If the process for making the product is truly new, the process itself may be patentable. Smithkline, 439 F.3d at 1319.