Legal Opinion

John O. Paivinen v. Eugene A. Sands

Court of Customs and Patent Appeals

Decided February 11, 1965No. Patent Appeal 7226PublishedCited by 18 opinions

1Opinion of the Court

SMITH, Judge.

Appellee Sands, the senior party, obtained a patent 1 on August 5,1958, based on an application filed January 30, 1953. The present interference involves this patent and an application 2 filed by appellant Paivinen on February 4, 1959.

To establish priority of invention, Paivinen took testimony and introduced other evidence purporting to prove actual reduction to practice of the invention defined in the six interference counts prior to the filing date of the Sands patent. Sands did not attempt to prove an actual reduction to practice but relies upon his application as establishing…

2Cases cited6 opinions

  1. Joshua C. Conner v. George G. JorisCourt of Customs and Patent Appeals · 1957
  2. William C. Elmore v. William F. SchmittCourt of Customs and Patent Appeals · 1960
  3. Ivar Jepson v. Robert E. Coleman, Jr., and Calvin D. MacCrackenCourt of Customs and Patent Appeals · 1963
  4. Edgar M. Creamer, Jr. v. Loren R. Kirkwood and Alton J. TorreCourt of Customs and Patent Appeals · 1962
  5. John W. Sellner v. Harry Solloway and Michael GoodmanCourt of Customs and Patent Appeals · 1959

1 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Richard C. Price v. Dale R. SymsekCourt of Appeals for the Federal Circuit · 1993
  2. F. Brantley Scott and John H. Burton v. Roy P. FinneyCourt of Appeals for the Federal Circuit · 1994
  3. William S. Credle, Jr. And Debra Boone Overman v. Curtis J. BondCourt of Appeals for the Federal Circuit · 1994
  4. Silvestri v. GrantCourt of Customs and Patent Appeals · 1974
  5. Eastern Rotorcraft Corp. v. United StatesUnited States Court of Claims · 1967

13 more not listed; retrieve them via the Exa API.

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