Legal Opinion · Concurrence

Application of Francis J. Hassler

Court of Customs and Patent Appeals

Decided July 1, 1965No. Patent Appeal 7318Published

1ConcurrenceSmith, Judge

In my opinion, the publication in the Raleigh News and Observer on November 10, 1958, more than one year prior to appellant’s filing date, is an enabling disclosure which so described the invention here claimed that one of ordinary skill in the tobacco flue-curing art can be said to have had possession of the invention at that time. The additional references cited are at best evidence of what one of ordinary skill in this art would be expected to know.

In Cohn v. United States Corset Co., 93 U.S. 366, 377, 23 L.Ed. 907 (1876), the Court stated the guiding principle which I think is applicable…

2Cases cited5 opinions

  1. Application of Edward Burton LegriceCourt of Customs and Patent Appeals · 1962
  2. Application of Frederick C. FosterCourt of Customs and Patent Appeals · 1965
  3. Cohn v. United States Corset Co.Supreme Court of the United States · 1876
  4. Application of William A. SheppardCourt of Customs and Patent Appeals · 1964
  5. In re WenzelCourt of Customs and Patent Appeals · 1937

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