Peeler v. Miller

I agree that appellee reduced the invention to practice and that, through the acts of his assignee, he suppressed the invention. Under 35 U.S.C. § 102(g), a second inventor is not entitled to a patent unless the first inventor abandoned, suppressed, or concealed the invention. In an interference the burden of proving abandonment, suppression, or concealment falls on the second inventor, regardless of who filed first. Young v. Dworkin, 489 F.2d 1277, 1279 (CCPA 1974).

This court has consistently held that suppression or concealment, to amount to forfeiture of the right to a patent in favor of a…