Legal Opinion

Podlesak v. McInnerney

Court of Appeals for the D.C. Circuit

Decided January 4, 1906No. 312PublishedCited by 8 opinions

Hearing on an appeal from a decision of the Commissioner •of Patents in an interference case. The facts are sufficiently stated in the opinion.

1Opinion of the CourtJustice Duell

This appeal is taken from the decision of the Commissioner ■of Patents awarding the priority of invention to Benjamin Mclnnerney. Appellants, Henry J. and Emil Podlesak, assign as errors the findings of the Commissioner that Mclnnerney was the prior inventor; that there is an interference in fact between the inventions of the interferants; and that Mclnnerney has a right to make the claim which constitutes count two of the issue.

The record discloses that when the interference was declared there were three counts. After the testimony had been taken the case was remanded to the primary examiner…

2Cited by8 opinions

  1. John Sherman Smith v. Charles Emory WehnCourt of Customs and Patent Appeals · 1963
  2. In re ZurkoCourt of Appeals for the Federal Circuit · 1998
  3. Ellis-Foster Company and Montclair Research Laboratories v. Union Carbide and Carbon CorporationCourt of Appeals for the Third Circuit · 1960
  4. Minnesota Mining & Manufacturing Co. v. General Electric Co.District Court, District of Columbia · 1958
  5. In Re Mary E. Zurko, Thomas A. Casey, Jr., Morrie Gasser, Judith S. Hall, Clifford E. Kahn, Andrew H. Mason, Paul D. Sawyer, Leslie R. Kendall, and Steven B. LipnerCourt of Appeals for the Federal Circuit · 1998

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