Fandom

The IT Law Wiki

In re Sherwood

32,167pages on
this wiki
Add New Page
Talk0 Share

Ad blocker interference detected!


Wikia is a free-to-use site that makes money from advertising. We have a modified experience for viewers using ad blockers

Wikia is not accessible if you’ve made further modifications. Remove the custom ad blocker rule(s) and the page will load as expected.

Citation Edit

In re Sherwood, 613 F.2d 809 (C.C.P.A. 1980).

Factual Background Edit

The claims were rejected by the examiner for failure to disclose any computer hardware, flowcharts, algorithms, or programs with which the best mode would operate. The lower court overturned that determination, asserting that the question is not how an applicant discloses the best mode, but whether he has done so.

C.C.P.A. Proceedings Edit

The Court of Customs and Patent Appeals (C.C.P.A.) concurred, stating:

[T]here is no objective standard by which to judge the adequacy of a best mode disclosure. Instead, only evidence of concealment (accidental or intentional) is to be considered. That evidence, in order to result in affirmance of a best mode rejection, must tend to show that the quality of an applicant’s best mode is so poor as to effectively result in concealment.[1]

Notwithstanding the applicant’s failure to disclose the listing of the known program, the disclosure was sufficient to satisfy the best mode requirement.

References Edit

  1. 613 F.2d at 816.

Also on Fandom

Random Wiki