In re Alhert

Posted by Anton Hughes on Wednesday, March 22, 2006 with No comments

Citation

In re William Ahlert and Ernst Kruger (1970) 57 CCPA 1023; 424 F.2d 1088

Jurisdiction

US Court of Customs and Patent Appeals

Facts

A patent for a method of controlling the rate of cooling of a weld between two sections of railroad.

Outcome

Rejection affirmed.

Ratio

  • The patent office appellant tribunals, where it is found necessary, may take notice of facts beyond the record which, while not generally notorious, are capable of such instant and unquestionable demonstration as to defy dispute... Assertions of technical facts in areas of esoteric technology must always be supported by citation to some reference work recognized as standard in the pertinent art, and the appellant given, in the patent office, the opportunity to challenge the correctness of the assertion or the notoriety or repute of the cited reference.
  • Allegations concerning specific "knowledge" of the prior art, which might be peculiar to a particular art should also be supported and the appellant similarlyl given the opportunity to make a challenge.

Relevance

Only the most tangential relevance - it might be imagined that this sort of doctrine would apply in Amazon 1-click style disputes.