What case law supports the invalidation of the Old Combination rejection?

Several key cases support the invalidation of the Old Combination rejection:

• In re Bernhart: This case emphasized that statutory language is the proper basis for claim evaluation. The MPEP 2173.05(j) notes: “The court pointed out in In re Bernhart, 417 F.2d 1395, 163 USPQ 611 (CCPA 1969) that the statutory language (particularly point out and distinctly claim) is the only proper basis for an old combination rejection.”
• Ex parte Barber: This Board of Appeals decision held that the 1952 Patent Act effectively removed the basis for the Old Combination principle.
• Radio Steel and Mfg. Co. v. MTD Products, Inc.: The Federal Circuit ruled that compliance with 35 U.S.C. 112, second paragraph, was sufficient to overcome an Old Combination rejection.

To learn more:

• Old Combination
• In re Bernhart
• Ex parte Barber
• Radio Steel and Mfg. Co. v. MTD Products Inc.
• case law