Legal Opinion
Herrmann v. Otken
Court of Customs and Patent Appeals
Decided March 6, 1953No. Patent Appeal 5914PublishedCited by 2 opinions
1Opinion of the Court
O’CONNELL, Judge.
Appellant has here appealed from the decision of the Board of Interference Examiners of the United States Patent Office awarding to appellee pr'-'-ity of invention of certain subject matter pertaining to an apparatus for coating frozen confections and defined by the five counts in issue. The interference involves the application of appellee Otken filed November 10, 1948, and the patent to appellant Herrmann issued October 5, 1948, on an application filed June 4, 1948. The counts were copied from Herrmann’s patent, of which counts 1 and 2 are sufficiently illustrative:
“1. In…
2Cases cited5 opinions
- Atlantic Works v. BradySupreme Court of the United States · 1883
- Deering v. Winona Harvester WorksSupreme Court of the United States · 1894
- Gallagher v. HastingsCourt of Appeals for the D.C. Circuit · 1903
- Barnet v. WiedCourt of Customs and Patent Appeals · 1952
- Langevin v. NicolsonCourt of Customs and Patent Appeals · 1940
3Cited by2 opinions
- Misani v. Ortho Pharmaceutical Corp.New Jersey Superior Court Appellate Division · 1964
- Philco Corporation v. Radio Corporation of AmericaDistrict Court, D. Delaware · 1967