Legal Opinion

Samuel P. McCutchen Jr., and Jack E. Eskilson v. Francis A. Oliver

Court of Customs and Patent Appeals

Decided October 27, 1966No. Patent Appeal 7425PublishedCited by 14 opinions

1Opinion of the Court

*610SMITH, Judge.

This is an appeal from a decision of the Board of Patent Interferences awarding priority of invention in Interference No. 91,815 to Oliver, the senior party.1 The two counts in issue originated as claims in a patent2 to Mc-Cutchen, Jr., and Eskilson, the junior party, hereafter McCutchen.

Both parties took testimony in attempting to establish priority. The board, upon consideration of the evidence, held that Oliver had reduced to practice “as early as the end of May 1955” and McCutchen was “accorded July 28, 1955 for reduction to practice.” The board also held that “Oliver is…

2Cases cited8 opinions

  1. Hansgirg v. KemmerCourt of Customs and Patent Appeals · 1939
  2. George E. Hall, Jr. v. Louis B. TaylorCourt of Customs and Patent Appeals · 1964
  3. In Re DraegerCourt of Customs and Patent Appeals · 1945
  4. Lindley v. ShepherdCourt of Appeals for the D.C. Circuit · 1928
  5. Charles B. Swain and Albert G. Schuessler v. Bob C. CrittendonCourt of Customs and Patent Appeals · 1964

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

3Cited by14 opinions

  1. The Perkin-Elmer Corporation v. Westinghouse Electric CorporationCourt of Appeals for the Federal Circuit · 1987
  2. Harold T. Klein v. The Commissioner of Patents of the United StatesCourt of Appeals for the Fourth Circuit · 1973
  3. Stansbury v. BondCourt of Customs and Patent Appeals · 1973
  4. Harold S. Hemstreet v. William S. RohlandCourt of Customs and Patent Appeals · 1970
  5. Stamicarbon, N.V. v. Chemical Construction Corp.District Court, D. Delaware · 1975

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