Legal Opinion

Warren W. Fitzgerald v. Arbib

Court of Customs and Patent Appeals

Decided July 16, 1959No. Patent Appeal 6450PublishedCited by 7 opinions

1Opinion of the Court

MARTIN, Judge.

This is an appeal from the decision of the Board of Patent Interferences of the United States Patent Office awarding priority of invention of the involved subject matter to the senior party, Arbib et ah, appellee here. The interference involves Design Patent No. 175,143, granted to Arbib et al. on July 19, 1955, on an application filed November 4, 1954, and an application of the junior party Fitzgerald, Design Serial No. 36,893, filed on July 11, 1955. The invention in issue is an ornamental escutcheon plate-for a lock.

Since Fitzgerald’s application was copending with that of…

2Cases cited12 opinions

  1. Mergenthaler v. ScudderCourt of Appeals for the D.C. Circuit · 1897
  2. Romey A. Gaiser v. Cyril S. LinderCourt of Customs and Patent Appeals · 1958
  3. Brown v. BartonCourt of Customs and Patent Appeals · 1939
  4. Burns v. CurtisCourt of Customs and Patent Appeals · 1949
  5. Morway v. BondiCourt of Customs and Patent Appeals · 1953

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3Cited by7 opinions

  1. Continental Plastic Containers v. Owens Brockway Plastic Products, Inc.Court of Appeals for the Federal Circuit · 1998
  2. Monsanto Company v. Mycogen Plant Science, Inc. And Agrigenetics, Inc., Defendants-Cross and Syngenta Seeds, Inc., Defendant-CrossCourt of Appeals for the Federal Circuit · 2001
  3. Robert S. Lutzker v. Catherine PletCourt of Appeals for the Federal Circuit · 1988
  4. Intellect Wireless, Inc. v. HTC Corp.District Court, N.D. Illinois · 2012
  5. Skycam, LLC v. BennettDistrict Court, N.D. Oklahoma · 2012

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