Legal Opinion
Application of Hans Hilmer, Gerhard Korger, Rudi Weyer and Walter Aumuller
Court of Customs and Patent Appeals
Decided July 28, 1966No. Patent Appeal 7482PublishedCited by 35 opinions
1Opinion of the Court
RICH, Judge.
The sole issue is whether a majority of the Patent Office Board of Appeals erred in overturning a consistent administrative practice and interpretation of the law of nearly forty years standing by giving a United States patent effect as prior art as of a foreign filing date to which the patentee of the reference was entitled under 35 U.S.C. § 119.
Because it held that a U. S. patent, cited as a prior art reference under 35 U.S.C. § 102(e) and § 103, is effective as of its foreign “convention” filing date, relying on 35 U.S.C. § 119, the board affirmed the rejection of claims 10,…
2Cases cited18 opinions
- Helvering v. WinmillSupreme Court of the United States · 1938
- Alexander Milburn Co. v. Davis-Bournonville Co.Supreme Court of the United States · 1926
- United States v. Dakota-Montana Oil Co.Supreme Court of the United States · 1933
- Bloomer v. McQuewanSupreme Court of the United States · 1853
- Electric Storage Battery Co. v. ShimadzuSupreme Court of the United States · 1939
13 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Studiengesellschaft Kohle Mbh, as Trustee for the Max-Planck-Institut Fur Kohlenforschung v. Eastman Kodak CompanyCourt of Appeals for the Fifth Circuit · 1980
- Application of Edwin H. Land and Howard G. RogersCourt of Customs and Patent Appeals · 1966
- Application of Frantz Lund and Wagn Ole GodtfredsenCourt of Customs and Patent Appeals · 1967
- Kawai v. MetlesicsCourt of Customs and Patent Appeals · 1973
- Reeves Brothers, Inc. v. US Laminating Corp.District Court, E.D. New York · 1968
30 more not listed; retrieve them via the Exa API.