Jack Richard Miller
How Judge Miller rules, drawn from 25 signed orders. Every observation links to the order it came from.
Judge Miller no longer hears cases. This profile is preserved as a historical record of how they ruled here.
About Judge Miller
Jack Richard Miller was a judge of the United States Court of Appeals for the Federal Circuit. Appointed by President Richard M. Nixon, Judge Miller was commissioned to the United States Court of Customs and Patent Appeals on July 6, 1973 and reassigned to this court on October 1, 1982. Judge Miller assumed senior status on June 6, 1985 and served until death on August 29, 1994.
How Judge Miller decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
For product-by-process claims, he placed the evidentiary burden on applicants when the prior-art product appeared identical.
“Where a product-by-process claim is rejected over a prior art product that appears to be identical, although produced by a different process, the burden is upon the applicants to come forward with evidence establishing an unobvious difference between the claimed product and the prior art product.”
In White v. Jeffrey Mining, Miller rejected an asserted difference from the prior art because the patent claims did not require a vertically movable mining head.
“That the references fail to disclose a helix that moves laterally into coal and then vertically to dislodge coal at different elevations is irrelevant, because a vertically movable mining head is not required by the claims.”
Cautions
In Gragg's federal-employment appeal, he treated notice received by the employee's designated union representative as starting the statutory appeal period and dismissed the appeal as untimely.
“If a petitioner may rely upon service of a final decision and receipt thereof by his union representative in order to avoid an earlier running of the clock on his time for appeal under § 7703(b)(1), fundamental fairness dictates that the Government should likewise be able to rely on receipt of a certified mailing to petitioner’s designated union representative under the same statute.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“AFFIRMED IN PART, REVERSED IN PART, and REMANDED.”
“AFFIRMED-IN-PART; REVERSED-IN-PART.”
“AFFIRMED.”
“AFFIRMED IN PART; REVERSED IN PART; AND REMANDED.”
“REVERSED.”
Caseload & timing
From public federal docket records for this judge.
Not applicable to this circuit-court record.
A historical record
Judge Miller no longer hears cases. This profile stays available as a record of how they ruled here. If you're preparing for a matter, start from the court's current bench.