Legal Opinion

William E. Phillips v. Edward E. Lynch and John J. Larew

Court of Customs and Patent Appeals

Decided October 27, 1966No. Patent Appeal 7483PublishedCited by 4 opinions

1Opinion of the Court

RICH, Acting Chief Judge.

Phillips appeals from the decision of the Board of Patent Interferences, adhered to on reconsideration, insofar as it awarded priority to Lynch and Larew (hereinafter Lynch) as to counts 18 and 19. Priority was awarded to Phillips as to counts 4, 17, and 20 but Lynch did not appeal and that award stands.

The sole issue before us is Phillips’ right to make counts 18 and 19, the board’s award of priority resting solely on its decision that Phillips’ application lacks support for these two counts. Both parties relied on their filing dates and neither took testimony. The…

2Cases cited2 opinions

  1. Deibel v. Heise & SchumacherCourt of Customs and Patent Appeals · 1931
  2. Martin v. FriendlyCourt of Customs and Patent Appeals · 1932

3Cited by4 opinions

  1. Application of Corlise M. SweetCourt of Customs and Patent Appeals · 1968
  2. Samuel L. Palmer and Standard Parts & Equipment Corporation v. The United StatesUnited States Court of Claims · 1970
  3. Stamicarbon, N.V. v. Chemical Construction Corp.District Court, D. Delaware · 1975
  4. William E. Phillips v. Edward E. Lynch and John J. LarewCourt of Customs and Patent Appeals · 1966

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