Legal Opinion

Romey A. Gaiser v. Cyril S. Linder

Court of Customs and Patent Appeals

Decided March 21, 1958No. Patent Appeal 6314PublishedCited by 18 opinions

1Opinion of the Court

WORLEY, 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 subject matter to the senior party, Cyril S. Linder, appellee here. The interference involves patent No. 2,557,983, granted to Linder on June 26, 1951, on an application filed March 22, 1949, and on application of the junior party, Romey A. Gaiser, appellant here, filed May 25, 1950. Since Gaiser’s application was copending with that of Linder he has the burden of proving his case by a preponderance of the evidence only and not beyond…

2Cases cited6 opinions

  1. Burns v. CurtisCourt of Customs and Patent Appeals · 1949
  2. Kendall v. SearlesCourt of Customs and Patent Appeals · 1949
  3. Kruger v. ResnickCourt of Customs and Patent Appeals · 1952
  4. Henry St. Pierre v. Draper M. Harvey, Draper M. Harvey v. Henry St. PierreCourt of Customs and Patent Appeals · 1956
  5. Chandler v. Mock. Mock v. ChandlerCourt of Customs and Patent Appeals · 1953

1 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Monroe Auto Equipment Company v. Heckethorn Manufacturing & Supply CompanyCourt of Appeals for the Sixth Circuit · 1964
  2. Farrand Optical Co., Inc. v. The United States of AmericaCourt of Appeals for the Second Circuit · 1963
  3. William C. Elmore v. William F. SchmittCourt of Customs and Patent Appeals · 1960
  4. Eastern Rotorcraft Corp. v. United StatesUnited States Court of Claims · 1967
  5. Technical Development Corp. v. United StatesUnited States Court of Claims · 1973

13 more not listed; retrieve them via the Exa API.

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