Legal Opinion
Holmes v. Kelly
Court of Customs and Patent Appeals
Decided November 9, 1978No. Appeal No. 78-539PublishedCited by 4 opinions
1Opinion of the Court
MILLER, Judge.
This appeal is from the decision of the Patent and Trademark Office (“PTO”) Board of Patent Interferences (“board”) awarding priority of invention of the counts in issue to the junior party, Kelly et al. (“Kelly”). The counts were copied by Holmes et al. (“Holmes”)1 from Kelly’s patent No. 3,416,960, issued December 17,1968, entitled “Cermet Resistors, their Composition and Method of Manufacture.” The dispositive issue, which the board decided in favor of Kelly, is whether Holmes has the right to make the counts. We affirm.
Subject Matter of the Counts
The invention relates to a…
2Cases cited11 opinions
- Fontijn v. OkamotoCourt of Customs and Patent Appeals · 1975
- Ivar Jepson v. William D. Egly and Columbus W. Harris, (Two Cases)Court of Customs and Patent Appeals · 1956
- Robert L. Dreyfus and John W. Harrison v. Martin M. SternauCourt of Customs and Patent Appeals · 1966
- Meitzner v. MindickCourt of Customs and Patent Appeals · 1977
- Snitzer v. EtzelCourt of Customs and Patent Appeals · 1976
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3Cited by4 opinions
- Albert R. Martin v. Ferdy P. MayerCourt of Appeals for the Federal Circuit · 1987
- Mesarosh v. StateIndiana Court of Appeals · 1984
- Donald M. Woods v. William S. TsuchiyaCourt of Appeals for the Federal Circuit · 1985
- Donald M. Woods v. William S. TsuchiyaCourt of Appeals for the Federal Circuit · 1985