Mergenthaler v. Scudder
Court of Appeals for the D.C. Circuit
Hearing on appeals from decisions of the Commissioner of Patents in interference proceedings. The Court in its opinion stated the case as follows:' These appeals are from decisions of the Commissioner of Patents, and they present questions of interference, adjudged to exist between applications for patents for line-casting machines; two of the applications having been filed by Ottmar Mergenthaler, the senior party, and one by Wilbur S. Scudder, the junior party, as the…
Read the full summary
Hearing on appeals from decisions of the Commissioner of Patents in interference proceedings. The Court in its opinion stated the case as follows:' These appeals are from decisions of the Commissioner of Patents, and they present questions of interference, adjudged to exist between applications for patents for line-casting machines; two of the applications having been filed by Ottmar Mergenthaler, the senior party, and one by Wilbur S. Scudder, the junior party, as the alleged inventors. The interferences, while separately declared, are closely related to each other, and have, in all stages…
1Opinion of the CourtChief Justice Alvey
The appellant has assigned several grounds or reasons for *269the appeals, but they all may be reduced to two principal questions: 1st. Whether, prior to the applications filed by Mergenthaler, there was complete conception of the inventions in issue by Scudder, and sufficiently shown in proof:, and, if so, 2d. Whether Scudder has proven that he proceeded with reasonable diligence to reduce the conception to practical form ?
1. The appellant, Ottmar Mergenthaler, is the senior party in both interferences; and his application involved in No. 16,233 was filed nearly two years, and his application…
2Cases cited1 opinion
- Loom Co. v. HigginsSupreme Court of the United States · 1882
3Cited by39 opinions
- Richard C. Price v. Dale R. SymsekCourt of Appeals for the Federal Circuit · 1993
- John H. Coleman v. Martin B. DinesCourt of Appeals for the Federal Circuit · 1985
- Standard Oil Company v. MontedisonDistrict Court, D. Delaware · 1980
- Gordon Gould v. Arthur L. Schawlow and Charles H. TownesCourt of Customs and Patent Appeals · 1966
- Hitzeman v. RutterCourt of Appeals for the Federal Circuit · 2001
34 more not listed; retrieve them via the Exa API.