Appeal No. 96-3189
Application 08/396,079
There were more continuation-in-part applications filed to
obtain claims to new features, Moore, 194 USPQ at 434. The
court concluded that it sees no conduct on Moore's part that
would cause a loss of patent right, Moore, 194 USPQ at 435 and
436.
We have reviewed numerous other cases for guidance where
the issues based on the doctrine of laches were discussed. We
mention In re Henriksen, 399 F.2d 253, 158 USPQ 224 (CCPA
1968); In re Hogan, 559 F.2d 595, 194 USPQ 527 (CCPA 1977);
Studiengesellschaft Kohle mbH v. Northern Petrochemical Co.,
784 F.2d 351, 228 USPQ 837 (Fed. Cir. 1986); A.C. Aukerman Co.
v. R.L. Chaides Constr. Co., 960 F.2d 1020, 22 USPQ2d 1321
(Fed. Cir. 1992); Advanced Cardiovascular Systems, Inc. v.
Medtronic, Inc.; 41 USPQ2d 1770 (N. D. Cal. 1996) and Ford
Motor Co. v. Lemelson; 42 USPQ2d 1706 (D. Nev. 1997),
immediate appeal denied, 1997 U. S. App. Lexis 23628 (Fed.
Cir. 1997). Without going in the details of the facts
involved in each case, we can summarily distinguish the fact
situation of the instant application from these authorities.
Thus, in Henriksen, the court rejected the idea of putting an
arbitrary limit on the number of continuation applications
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