Legal Opinion

Application of Karl Ziegler, Heinz Breil, Erhard Holzkamp and Heinz Martin

Court of Customs and Patent Appeals

Decided June 24, 1965No. Patent Appeal 7428PublishedCited by 7 opinions

1Opinion of the Court

MARTIN, Judge.

The major issue in this appeal resolves itself into the question of whether a foreign application must show an entire generic invention as presently claimed in a U. S. application in order to be-effective for priority, or whether it may be effective for priority purposes if it shows the same species as the refer enees which otherwise anticipate the claims. A preliminary issue is whether the term “alkali metal alkyl” is anticipated by a lithium aluminum tetraalkyl.

The application on appeal 1 discloses and claims a two-component catalyst useful for the polymerization of olefins,…

2Cases cited5 opinions

  1. Application of Guido H. Stempel, JrCourt of Customs and Patent Appeals · 1957
  2. Application of George H. Hitchings, Gertrude B. Elion and Irving GoodmanCourt of Customs and Patent Appeals · 1965
  3. In re RuscettaCourt of Customs and Patent Appeals · 1958
  4. In Re SteenbockCourt of Customs and Patent Appeals · 1936
  5. Application of Douglas H. MoretonCourt of Customs and Patent Appeals · 1963

3Cited by7 opinions

  1. In re WertheimCourt of Customs and Patent Appeals · 1976
  2. In Re Jacques Gosteli, Ivan Ernest and Robert B. WoodwardCourt of Appeals for the Federal Circuit · 1989
  3. Kawai v. MetlesicsCourt of Customs and Patent Appeals · 1973
  4. Fontijn v. OkamotoCourt of Customs and Patent Appeals · 1975
  5. In Re Cornelius Mulder and Henricus Elisabeth Jozef WulmsCourt of Appeals for the Federal Circuit · 1983

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