Legal Opinion
Westphal v. Fawzi
Court of Customs and Patent Appeals
Decided December 10, 1981No. Appeal No. 81-537PublishedCited by 5 opinions
1Opinion of the Court
MARKEY, Chief Judge.
Westphal et a1. (Westphal) appeals from the decision of the Patent and Trademark Office (PTO) Board of Patent Interferences (board) awarding priority of invention to junior party Fawzi. We affirm.
Background
The interference is defined by 11 counts relating to compounds useful as herbicides. Involved are Westphal patent number 3,671,523 (issued June 20, 1972) and Fawzi application number 526,261 (filed November 22, 1974).
The Westphal application that matured into the involved patent was filed on January 28,1970, a continuation-in-part of Westphal’s parent application filed…
2Cases cited8 opinions
- Muncie Gear Works, Inc. v. Outboard, Marine & Manufacturing Co.Supreme Court of the United States · 1942
- Harry A. Pursche v. Atlas Scraper and Engineering Co., a Corporation, Atlas Scraper and Engineering Co., a Corporation v. Harry A. PurscheCourt of Appeals for the Ninth Circuit · 1962
- In re RasmussenCourt of Customs and Patent Appeals · 1981
- Leonard Kahn v. Dynamics Corporation of AmericaCourt of Appeals for the Second Circuit · 1975
- Chicopee Manufacturing Corporation v. Kendall CompanyCourt of Appeals for the Fourth Circuit · 1961
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Square Liner 360o, Inc., Appellant/cross v. Finis Lavell Chisum and Chief Industries, Inc., Appellees/crossCourt of Appeals for the Eighth Circuit · 1982
- Correge v. MurphyCourt of Appeals for the Federal Circuit · 1983
- Railroad Dynamics, Inc. v. A. Stucki Co.District Court, E.D. Pennsylvania · 1983
- Sun Products Group, Inc. v. B & E Sales Co., Inc.District Court, E.D. Michigan · 1988
- Milliken Research Corp. v. Dan River, Inc.District Court, W.D. Virginia · 1982