Legal Opinion

Application of Edward Burton Legrice

Court of Customs and Patent Appeals

Decided July 11, 1962No. Patent Appeals 6727, 6728PublishedCited by 56 opinions

1Opinion of the Court

SMITH, Judge.

The issue on these consolidated appeals is whether appellant is entitled under 35 U.S.C. 161 1 to a patent on each of his applications serial numbers 709,127 and 709,128, filed January 15, 1958, each entitled “Rosa Floribunda Plant.” The Patent Office Board of Appeals affirmed the final rejection of both applications under 35 U.S.C. § 102(b) on the ground that the inventions had been described in printed publications in England more than one year prior to the dates of filing of the said applications. The publications occur in the National Rose Society Annual of England and in…

2Cases cited31 opinions

  1. Seymour v. OsborneSupreme Court of the United States · 1871
  2. Eames v. AndrewsSupreme Court of the United States · 1887
  3. Cohn v. United States Corset Co.Supreme Court of the United States · 1876
  4. General Electric Co. v. De Forest Radio Co.Court of Appeals for the Third Circuit · 1928
  5. In Re Von BramerCourt of Customs and Patent Appeals · 1942

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3Cited by56 opinions

  1. In Re Coordinated Pretrial Proceedings in Antibiotic Antitrust Actions. Pfizer, Inc. v. International Rectifier Corp.Court of Appeals for the Eighth Circuit · 1976
  2. Titanium Metals Corporation of America v. Donald W. Banner, Commissioner of Patents and TrademarksCourt of Appeals for the Federal Circuit · 1985
  3. Universal Athletic Sales Co., a Corporation v. American Gym, Recreational & Athletic Equipment Corporation, Inc.Court of Appeals for the Third Circuit · 1976
  4. In Re GleaveCourt of Appeals for the Federal Circuit · 2009
  5. In Re John A. DonohueCourt of Appeals for the Federal Circuit · 1985

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