U. S. Department of Energy v. Szulinski

BALDWIN, Judge.

This is an appeal from the- decision of the United States Patent and Trademark Office Board of Patent Interferences (board) refusing a direction from the Secretary of Energy that the patent on the application of Milton J. Szulinski (Szulinski)1 issue to the United States Department of Energy (DOE) under § 152 of the Atomic Energy Act of 1954 (Act), 42 U.S.C. § 2182 (hereinafter § 152).2 We reverse.

The Invention

The five allowed claims in the Szulinski application are directed to a system for the *386storage of radioactive material comprising a storage depot, “security means” for…