Legal Opinion
Application of Charles A. Mathews
Court of Customs and Patent Appeals
Decided April 10, 1969No. Patent Appeal 8008PublishedCited by 13 opinions
1Opinion of the Court
BALDWIN, Judge.
This appeal is from the Patent Office Board of Appeals decision affirming the examiner’s rejection of claims 1-10, all of the claims in appellant’s application, 1 “as anticipated by Dewey 2 under 35 USC 102(e).”
The issue here is whether a rejection under 35 U.S.C. § 102(e) may be overcome by a Rule 132 3 affidavit of the reference patentee averring that the relevant, unclaimed subject matter disclosed in his patent was not invented by the patentee but was first disclosed to him by the appellant, particularly in light of certain acknowledgments in the patent and in the instant…
2Cases cited4 opinions
- Alexander Milburn Co. v. Davis-Bournonville Co.Supreme Court of the United States · 1926
- Application of Edwin H. Land and Howard G. RogersCourt of Customs and Patent Appeals · 1966
- Application of Elkan R. Blout and Howard G. RogersCourt of Customs and Patent Appeals · 1964
- Frank L. Pierce and Amp, Incorporated v. Robert C. Watson, Commissioner of PatentsCourt of Appeals for the D.C. Circuit · 1960
3Cited by13 opinions
- Arctic Cat Inc. v. Gep Power Products, Inc.Court of Appeals for the Federal Circuit · 2019
- Spansion, Inc. v. International Trade CommissionCourt of Appeals for the Federal Circuit · 2010
- Application of Thomas F. FaciusCourt of Customs and Patent Appeals · 1969
- In re BullochCourt of Customs and Patent Appeals · 1979
- In Re Derek Anthony Costello and Robert McCleanCourt of Appeals for the Federal Circuit · 1983
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