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.

Court
U.S. Court of Appeals for the Federal Circuit
Position
Circuit judge
Status
Deceased
Served
1982–1994
Appointed by
Richard Nixon (Republican)
Commissioned
October 1, 1982
Education
Creighton University (A.B., 1938); Catholic University of America (A.M., 1939); Columbia Law School (J.D., 1946); University of Iowa College of Law (postgraduate study, 1946)
Signed orders read
25

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.

In Re Teledyne Industries, Inc. D/b/a, Teledyne Water Pik
· 1982-12-29
Petition for review (Teledyne Industries, Inc.) Denied

“AFFIRMED.”

Shaw Industries, Inc., Mohasco Corporation, Queen Carpet Corporation, and Tice Yarns v. The United States
· 1983-05-27
Appeal (Shaw Industries, Inc. and the other appellants) Denied

“AFFIRMED.”

Cbs Inc. v. George Clifford Morrow
· 1983-06-06
Petition for review (CBS Inc.) Granted

“REVERSED.”

General Motors Corporation v. The United States
· 1983-06-15
Appeal (General Motors Corporation) Granted in part

“AFFIRMED IN PART, REVERSED IN PART, and REMANDED.”

In Re Laszlo Marosi, Joachim Stabenow, and Matthias Schwarzmann
· 1983-06-22
Petition for review (Laszlo Marosi, Joachim Stabenow, and Matthias Schwarzmann) Granted in part

“AFFIRMED-IN-PART; REVERSED-IN-PART.”

A.B. Dick Company v. Burroughs Corporation
· 1983-07-27
Appeal (A.B. Dick Company) Granted

“REVERSED AND REMANDED.”

In Re Bruce Charles Farrenkopf and Magdalena Usategui-Gomez, and Travenol Laboratories, Inc., Intervenor
· 1983-07-27
Petition for review (Bruce Charles Farrenkopf and Magdalena Usategui-Gomez) Denied

“AFFIRMED.”

Gerald P. Gragg v. The United States
· 1983-09-15
Petition for review (Gerald P. Gragg) Moot / procedural

“DISMISSED.”

Capital Electric Company v. The United States
· 1984-02-07
Appeal (Capital Electric Company) Granted in part

“AFFIRMED IN PART; REVERSED IN PART; AND REMANDED.”

August Urbanek and Estate of Irene Urbanek, Deceased, August Urbanek, Personal Representative v. The United States
· 1984-04-06
Appeal (August Urbanek and the Estate of Irene Urbanek) Denied

“AFFIRMED.”

Devine v. Brisco
· 1984-04-27
Petition for review (Donald J. Devine, Director of the Office of Personnel Management) Granted

“REVERSED.”

In Re Lucas S. Gordon and Karl M. Sutherland
· 1984-05-10
Petition for review (Lucas S. Gordon and Karl M. Sutherland) Granted

“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.