Legal Opinion

Francis S. Kilmer MacMillan v. Robert B. Moffett

Court of Customs and Patent Appeals

Decided November 12, 1970No. Patent Appeal 8351PublishedCited by 9 opinions

1Opinion of the Court

LANE, Judge.

This appeal is from the decision of the Board of Patent Interferences awarding priority to the junior party, Moffett, whose application serial No. 384,246 was filed July 21, 1964. 1 MacMillan’s application serial No. 104,262 was filed April 20, 1961. 2 We affirm the board’s decision.

The invention as defined by the single count is

A method for controlling perspiration which comprises topically applying to human skin a composition comprising, as the principal active ingredient, a small but perceptible amount less than about 0.1% of a compound selected from the group consisting of (1)…

2Cases cited3 opinions

  1. Smith v. BousquetCourt of Customs and Patent Appeals · 1940
  2. Vernon C. Applegate and John H. Howell v. Otto Scherer, Heinz Frensch and Gerhard StählerCourt of Customs and Patent Appeals · 1964
  3. Weis v. WoodmanCourt of Customs and Patent Appeals · 1933

3Cited by9 opinions

  1. Burroughs Wellcome Co. v. Barr Laboratories, Inc., and Novopharm, Inc. And Novopharm, Ltd.Court of Appeals for the Federal Circuit · 1994
  2. Rohm and Haas Co. v. Dawson Chemical Co., Inc.District Court, S.D. Texas · 1983
  3. Hedgewick v. AkersCourt of Customs and Patent Appeals · 1974
  4. GAF Corp. v. Amchem Products, Inc.District Court, E.D. Pennsylvania · 1981
  5. Burroughs Wellcome Co. v. Barr Laboratories, Inc.District Court, E.D. North Carolina · 1993

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