Legal Opinion

Application of Raymond P. Fischer

Court of Customs and Patent Appeals

Decided May 12, 1966No. Patent Appeal 7861PublishedCited by 6 opinions

1Per curiam

In this ex parte patentability appeal appellant moves that we remand the case to the Patent Office Board of Appeals because appellant has seen a recently issued patent from which he wishes to copy a claim for interference.

The motion for remand is based on the legal proposition that the appeal is under our exclusive jurisdiction and therefore we are being requested to relinquish it temporarily so appellant can take desired steps in the Patent Office.

The Patent Office opposes the motion on procedural grounds saying that under In Re Robertshaw, 75 F.2d 203, 22 CCPA 939 (1935) only the Patent…

2Cases cited8 opinions

  1. Glidden Co. v. ZdanokSupreme Court of the United States · 1962
  2. Bryan v. United StatesSupreme Court of the United States · 1950
  3. Patterson v. AlabamaSupreme Court of the United States · 1935
  4. Brenner v. MansonSupreme Court of the United States · 1966
  5. Federal Power Commission v. Pacific Power & Light Co.Supreme Court of the United States · 1939

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3Cited by6 opinions

  1. Richard C. Loshbough v. Kenneth C. AllenCourt of Customs and Patent Appeals · 1969
  2. Richard C. Loshbough v. Kenneth C. AllenCourt of Customs and Patent Appeals · 1966
  3. Richard C. Loshbough v. Kenneth C. AllenCourt of Customs and Patent Appeals · 1967
  4. Application of Rudolf WiechertCourt of Customs and Patent Appeals · 1967
  5. Application of Rudolf WiechertCourt of Customs and Patent Appeals · 1967

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