O'CONNOR

v.

UNITED STATES

Citator

Cited By

• Timely Prods. Corp. v. Arron, 523 F.2d 288 (2d Cir. 1975)
  …rior to the filing of a patent application becomes part of the prior art over which the claim must be patentable. Application of Foster, 343 F. 2d 980, 52 C.C.P.A. 1808 (1965), cert. denied, 383 U.S. 966, 86 S.Ct. 1270, 16 L.Ed.2d 307,. reh. denied, 384 U.S. 934, 86 S.Ct. 1441, 16 L.Ed.2d 535 (1966). (2) The invention must have been tested sufficiently to verify that it is operable and commercially marketable. This is simply another way of expressing the principle that an invention cannot be offered for sa…
• J.A. LaPORTE, Inc. v. Norfolk Dredging Co., 787 F.2d 1577 (Fed. Cir. 1986)
  …vention claimed must have been embodied in or obvious in view of the thing offered for sale" is contrary to In re Foster, 343 F. 2d 980, 145 USPQ 166 (CCPA 1965), cert. denied, 383 U.S. 966, 86 S.Ct. 1270, 16 L.Ed.2d 307, 149 USPQ 906, reh’g denied, 384 U.S. 934, 86 S.Ct. 1441, 16 L.Ed.2d 535 (1966) and progeny. If obviousness is involved, the invalidity rests on § 103 based on § 102(b) prior art. . Specifically, the district court found that on "[ajbout November 4, 1980 MacDonald, president of LaPorte, co…
• In re Corcoran, 640 F.2d 1331 (C.C.P.A. 1981)
  …t application becomes part of the prior art over which the claim must be patentable. Application of Foster, 343 F. 2d 980, 52 C.C.P.A. 1808 [145 USPQ 166] (1965), cert. denied, 383 U.S. 966, 86 S.Ct. 1270, 16 L.Ed.2d 307 [149 USPQ 906], reh. denied, 384 U.S. 934, 86 S.Ct. 1441, 16 L.Ed.2d 535 (1966). (2) The invention must have been tested sufficiently to verify that it is operable and commercially marketable. This is simply another way of expressing the principle that an invention cannot be offered for sa…