Legal Opinion · Dissent
In re McKellin
Court of Customs and Patent Appeals
Decided January 22, 1976No. Patent Appeal No. 75-539Published
1DissentMiller, Judge
BASIC ERRORS IN MAJORITY OPINION
The majority and concurring opinions rest on a false premise, namely:
The sole basis of rejection is under 35 U.S.C. § 103, the rejected claims being held obvious in view of the subject matter of the counts of the interference.
From this, an erroneous statement of the “sole issue” is then postulated, to wit:
whether claims may be rejected under 35 U.S.C. § 103 on the ground that a losing party to an interference is not entitled to claims which are asserted to be obvious variations of the invention defined in the counts, when section 102(g) and interference…
2Cases cited20 opinions
- Hotchkiss v. GreenwoodSupreme Court of the United States · 1851
- Haggar Co. v. Helvering, Com'r of Internal RevenueSupreme Court of the United States · 1940
- National Lead Co. v. United StatesSupreme Court of the United States · 1920
- Costanzo v. TillinghastSupreme Court of the United States · 1932
- Application of Max O. RobesonCourt of Customs and Patent Appeals · 1964
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