Legal Opinion
Thomson v. Armitage
Court of Customs and Patent Appeals
Decided December 3, 1981No. Appeal No. 81-530Published
1Opinion of the Court
BALDWIN, Judge.
This is an appeal from a decision by the United States Patent and Trademark Office (PTO) Board of Patent Interferences (board) awarding priority of invention to Armitage, the senior party-applicant,1 on the ground that the junior party-patentee Thomson et al.2 (Thomson) had not demonstrated an actual reduction to practice predating Armitage’s effective filing date. We affirm.
Background
The Counts
The subject matter in interference concerns a particular class of ethylene-carbox-ylic acid copolymers and a process for their synthesis. There are nine phantom counts involved, but the…
2Cases cited7 opinions
- Brand v. ThomasCourt of Customs and Patent Appeals · 1938
- Heard v. BurtonUnited States Customs Court · 1964
- Langer v. KaufmanCourt of Customs and Patent Appeals · 1972
- Robert L. Dreyfus and John W. Harrison v. Martin M. SternauCourt of Customs and Patent Appeals · 1966
- Vincent J. Frilette and Paul B. Weisz v. Charles Newton Kimberlin, Jr. And Elroy Merle GladrowCourt of Customs and Patent Appeals · 1969
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