Legal Opinion · Concurring in the judgment
Applied Materials, Inc. v. Advanced Semiconductor Materials America, Inc.
Court of Appeals for the Federal Circuit
Decided October 24, 1996No. Nos. 94-1428, 94-1466Published
1Concurring in the judgmentMayer, Circuit Judge
I believe that U.S. Patent No. 4,081,313 (’313 patent), a continuation-in-part of U.S. Patent No. 3,623,712 (’712 patent), failed to disclose the best mode for practicing the claimed invention. Inventors must update their best mode disclosure when filing a continuation-in-part which adds new matter pertinent to the best mode of practicing the invention claimed in the continuation-in-part. The inventors here did not do so, and the ’313 patent is invalid.
In determining whether the ’313 patent is invalid because of a sale that predated the filing date by more than one year, 35 U.S.C. § 102(b)…
2Cases cited10 opinions
- Bonito Boats, Inc. v. Thunder Craft Boats, Inc.Supreme Court of the United States · 1989
- Application of Newsome W. GayCourt of Customs and Patent Appeals · 1962
- Chemcast Corporation v. Arco Industries CorporationCourt of Appeals for the Federal Circuit · 1990
- Transco Products Inc. v. Performance Contracting, Inc. And Performance Contracting Group, Inc.Court of Appeals for the Federal Circuit · 1994
- United States Gypsum Company v. National Gypsum CompanyCourt of Appeals for the Federal Circuit · 1996
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