Oscar Raymond Luhring
Judge Luhring no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Luhring decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In patent cases, evidence that the prior art neither confronted nor solved the claimed practical problem supported patentability.
“The Court cannot accept the Ross patent as a reference barring the approval of claim 12. Ross was not confronted with the same problem and did not teach its solution.”
A novel process producing two immediately useful commercial products, coupled with commercial success, supported patentability.
“This is a novel and useful result which is not accomplished by the references (Q 44-49 and Q 56, R pp. 51-53). The plaintiff’s invention has met with commercial success.”
Cautions
He required parties to complete administrative proceedings before seeking judicial review of preliminary jurisdictional rulings.
“To permit judicial review, either by injunction or declaratory judgment, of every procedural, preliminary and interlocutory order or ruling by which a person may consider himself aggrieved, would afford opportunity for constant delays in the course of administrative proceedings”
He would not reopen a decree through motions that required ranging through the evidence to challenge the court’s prior deductions.
“A party is not at liberty to go into the evi*689dence at large in order to establish an objection to the decree founded on the supposed mistake of the court in its own deductions from the evidence.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The motion to dismiss the original complaint must be overruled.”
“Therefore, the motion to dismiss- the third-party complaint must be overruled.”
“It follows that the rules to show cause must be made absolute and that injunctions pendente lite issue.”
“The claims in issue will be allowed, and counsel will prepare and submit formal findings of fact and conclusions of law accordingly.”
“The motion to dismiss must be sustained, and it is so ordered.”
“The court will overrule the motion to dismiss without prejudice, reserving to the defendants the right to take by answer whatever advantages might otherwise have been secured by the motion.”
“The motion to vacate the order granting leave to file the third party complaint is overruled in both cases, Law No. 90549 and Law No. 90550.”
“The court finds that claims 10 to 15, inclusive, are patentable, and that the plaintiff is entitled to receive Letters Patent *316therefor, and that the Commissioner of Patents should be authorized to issue such patent to the plaintiff. The court further finds that claim 16 is unpatentable for the reasons stated by the Examiner, and that the plaintiff is not entitled to a patent therefor.”
“The Court lacks jurisdiction to hear and determine the plaintiff’s amended complaint for divorce, and, therefore, the complaint must be dismissed.”
“The Court not having jurisdiction of the original complaint can not entertain the cross-bill, and that bill must follow the fate of the original bill and be dismissed.”
“The amended' complaint must be dismissed, and it is so ordered.”
A historical record
Judge Luhring no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.