Legal Opinion · Dissent

Robert C. Watson, Commissioner of Patents v. Frederick C. Bersworth and the Dow Chemical Company

Court of Appeals for the D.C. Circuit

Decided February 28, 1958No. 13566Published

1DissentDanaher, Circuit Judge

The philosophy permeating the majority opinion basically is one of nullification of the remedy provided by Congress, a result here reached (1) by according to the Patent Office the equivalent of a conclusive presumption of correctness; and (2) by holding that sufficiency of disclosure raises a question of law. Relegated to zero status is the District Court, with its findings, its conclusions, its memorandum opinion and its judgment. Judge Wilkin heard many witnesses, had the benefit of charts and exhibits, received detailed explanations as to the points in issue and possessed the advantage of…

2Cases cited31 opinions

  1. Graver Tank & Mfg. Co. v. Linde Air Products Co.Supreme Court of the United States · 1950
  2. Sanitary Refrigerator Co. v. WintersSupreme Court of the United States · 1929
  3. Graver Tank & Mfg. Co. v. Linde Air Products Co.Supreme Court of the United States · 1949
  4. Carnegie Steel Co. v. Cambria Iron Co.Supreme Court of the United States · 1902
  5. Abbott v. CoeCourt of Appeals for the D.C. Circuit · 1939

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