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Editing MPEP 800
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doctrine is that: | doctrine is that: | ||
The public should . . . be able to act on the assumption that upon the expiration of the patent it will be free to use not only the invention claimed in the patent but also modifications | The public should . . . be able to act on the assumption that upon the expiration of the patent it will be free to use not only the invention claimed in the patent but also modifications | ||
or variants which would have been obvious to those | or variants which would have been obvious to those | ||
of ordinary skill in the art at the time the invention was | of ordinary skill in the art at the time the invention was | ||
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(b)Two-Way Obviousness | (b)Two-Way Obviousness | ||
If the patent is the later filed application, the question | If the patent is the later filed application, the question | ||
of whether the timewise extension of the right to | of whether the timewise extension of the right to | ||
exclude granted by a patent is justified or unjustified | exclude granted by a patent is justified or unjustified | ||
Line 1,476: | Line 1,476: | ||
397 F.2d at 355, 158 USPQ at 215. | 397 F.2d at 355, 158 USPQ at 215. | ||
The decision in In re Schneller did not establish a | The decision in In re Schneller did not establish a | ||
rule of general application and thus is limited to the | rule of general application and thus is limited to the | ||
particular set of facts set forth in that decision. The | particular set of facts set forth in that decision. The | ||
Line 1,568: | Line 1,568: | ||
418 F.2d 528, 163 USPQ 644 (CCPA 1969). | 418 F.2d 528, 163 USPQ 644 (CCPA 1969). | ||
In Carman Indus., the court held that no double | In Carman Indus., the court held that no double | ||
patenting existed between a design and utility patent | patenting existed between a design and utility patent | ||
since the claims in the utility patent, drawn to the interior | since the claims in the utility patent, drawn to the interior |