Legal Opinion
Tofe v. Winchell
Court of Customs and Patent Appeals
Decided March 31, 1981No. Appeal No. 80-553PublishedCited by 7 opinions
1Opinion of the Court
NIES, Judge.
This appeal is from the decision of the Patent and Trademark Office Board of Patent Interferences (board) awarding priority of invention to Winchell1 over Tofe.2 On the ground that the matter was not one “ancillary to priority,” the board refused to consider whether the Winchell application contained a disclosure of Winchell’s best mode of practicing his invention as required by 35 U.S.C. § 112.3 We vacate the award of priority to Winchell and remand.
Background
The applications of both parties were filed on April 30, 1975 4 Tofe relied upon stipulated testimony as evidence of…
2Cases cited14 opinions
- Harold Noel Arrowsmith, Jr. v. United Press InternationalCourt of Appeals for the Second Circuit · 1963
- Tomas Menchaca and Wife, Irma Menchaca v. Chrysler Credit CorporationCourt of Appeals for the Fifth Circuit · 1980
- Alexander Milburn Co. v. Davis-Bournonville Co.Supreme Court of the United States · 1926
- Frederick H. Norton v. Lawrence E. CurtissCourt of Customs and Patent Appeals · 1971
- Joe Boone and Mary Alice Boone v. Jerome Kurtz, Commissioner of Internal Revenue and David C. LoeselCourt of Appeals for the Fifth Circuit · 1980
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3Cited by7 opinions
- Peter J. Degeorge v. Donald R. BernierCourt of Appeals for the Federal Circuit · 1985
- Leslie C. Case v. Cpc International, Inc., and Commissioner of Patents and Trademarks, Co-AppelleesCourt of Appeals for the Federal Circuit · 1984
- Sonnie J. Perkins v. Phil KwonCourt of Appeals for the Federal Circuit · 1989
- John E. Morgan v. Harry HirschCourt of Appeals for the Federal Circuit · 1984
- Magdo v. KooiCourt of Appeals for the Federal Circuit · 1983
2 more not listed; retrieve them via the Exa API.