Legal Opinion · Concurrence

Application of Hugh Harper Gibbs and Richard Norman Griffin

Court of Customs and Patent Appeals

Decided February 11, 1971No. Patent Appeal 8367Published

1ConcurrenceAlmond, Judge

I agree that we should reverse the decision below. My reasons for doing so, however, are different from those expressed in the majority opinion, with which I cannot agree.

The majority opinion, in effect, does away with the long recognized doctrine of dedication. In so doing, the majority attempts to distinguish the three pertinent decisions of this court in In re Woodling, 210 F.2d 955, 41 CCPA 809 (1954); In re Bersworth, 189 F.2d 996, 38 CCPA 1167 (1951); and In re Phillips, 148 F.2d 662, 32 CCPA 901 (1945). I do not find the attempt to distinguish these cases convincing and believe that we…

2Cases cited3 opinions

  1. Application of WoodlingCourt of Customs and Patent Appeals · 1954
  2. Application of BersworthCourt of Customs and Patent Appeals · 1951
  3. In re PhillipsCourt of Customs and Patent Appeals · 1945

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