Legal Opinion
Corbett v. Chisholm
Court of Customs and Patent Appeals
Decided December 29, 1977No. Appeal No. 77-526PublishedCited by 15 opinions
1Opinion of the Court
RICH, Judge.
This appeal is from the June 30, 1976, decision of the Patent and Trademark Office (PTO) Board of Patent Interferences (board), adhered to on reconsideration, awarding priority to junior party-patentee Chisholm et al.1 (Chisholm) on the ancillary ground that senior party-applicant Corbett’s 2 claims to the subject matter in issue were barred by 35 U.S.C. § 135(b). We affirm.
The Issue
The interference counts correspond exactly to claims copied by Corbett from Chisholm’s patent on March 26, 1973, some 26 months after Chisholm’s patent issued. The statute, 35 U.S.C. § 135(b),…
2Cases cited12 opinions
- Chapman v. WintroathSupreme Court of the United States · 1920
- Engineering Development Laboratories v. Radio Corp. of AmericaCourt of Appeals for the Second Circuit · 1946
- Squires v. CorbettCourt of Customs and Patent Appeals · 1977
- Chapman v. BeedeCourt of Appeals for the D.C. Circuit · 1924
- Cryns v. MusherCourt of Customs and Patent Appeals · 1947
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3Cited by15 opinions
- In re SasseCourt of Customs and Patent Appeals · 1980
- Phillip W. Berman, Timothy J. Gregory, Laurence A. Lasky, Gerald R. Nakamura, Eric J. Patzer, John S. Patton, and Ellen S. Vitetta v. Gerard M. HouseyCourt of Appeals for the Federal Circuit · 2002
- In Re Stephen P. McGrewCourt of Appeals for the Federal Circuit · 1997
- In Re Kenneth L. BergerCourt of Appeals for the Federal Circuit · 2002
- Robert E. Parks and Robert L. Marietta v. David H. FineCourt of Appeals for the Federal Circuit · 1985
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