Legal Opinion

Luellen v. Claussen

Court of Appeals for the D.C. Circuit

Decided April 5, 1915No. 965PublishedCited by 2 opinions

Hearing on an appeal from a decision of the Commissioner of Patents in an interference proceeding. The facts are stated in the opinion.

1Opinion of the CourtJustice Robb

Appeal from concurrent decisions of the Patent Office tribunals in an interference proceeding.

The subject-matter of the invention is an ornamental design for a paper cup. The application of Edward E. Olaussen and Emil A. Claus was filed December 30, 1911, and a patent was granted thereon May 14, 1912. On July 11, 1912, the appellant, Lawrence W. Luellen, filed his application. Inasmuch, therefore, as the appellees already were in the possession of a regularly issued patent when Luellen filed his application, the burden of proof is heavily upon him in this proceeding. The Examiner of…

2Cited by2 opinions

  1. Sanford v. KepnerDistrict Court, M.D. Pennsylvania · 1951
  2. Borglin v. PalmerCourt of Customs and Patent Appeals · 1934

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