Legal Opinion

Lazo v. Tso

Court of Customs and Patent Appeals

Decided July 12, 1973No. Patent Appeal No. 8946PublishedCited by 4 opinions

1Opinion of the Court

MARKEY, Chief Judge.

This appeal is from the decision of the Board of Patent Interferences, adhered to on reconsideration, awarding priority of invention of the count to the senior party, Tso et al. (Tso). Tso is involved on application serial No. 443,106, filed March 26, 1965. Lazo is involved on application serial No. 473,193, filed July 19, 1965.1 A third party, Findley et al., has not appealed the decision.

The board’s decision centered on the holding that Tso had prior conception of the process of the count. We affirm.

The Subject Matter

The sole count reads:

1. A method of inhibiting the…

2Cases cited4 opinions

  1. Vernon C. Applegate and John H. Howell v. Otto Scherer, Heinz Frensch and Gerhard StählerCourt of Customs and Patent Appeals · 1964
  2. Mortsell v. LaurilaCourt of Customs and Patent Appeals · 1962
  3. Whittier v. BorchardtCourt of Customs and Patent Appeals · 1946
  4. Charles B. Swain and Albert G. Schuessler v. Harvey E. MalloryCourt of Customs and Patent Appeals · 1964

3Cited by4 opinions

  1. In Re Scott T. JolleyCourt of Appeals for the Federal Circuit · 2002
  2. Rohm and Haas Co. v. Dawson Chemical Co., Inc.District Court, S.D. Texas · 1983
  3. GAF Corp. v. Amchem Products, Inc.District Court, E.D. Pennsylvania · 1981
  4. The Broad Institute, Inc. v. the Regents of the University of CaliforniaCourt of Appeals for the Federal Circuit · 2025

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