Legal Opinion · Concurrence
Alumatone Corporation v. Vitavar Corporation
Court of Customs and Patent Appeals
Decided June 30, 1950No. 5683Published
1Concurrence
*1157O’Connell, Judge, specially
concurring.
The issue hereinbefore considered and determined by this court was previously litigated and determined by the judgment of the District Court for the Southern District of California in an infringement suit, 83 F. Supp. 214, 81 USPQ 330.
The court has merely appropriated the findings of the infringement suit and substituted them here as a ground of reversal for the original findings of the Patent Office.
The court at the same time asserts, however, that the findings of the District Court are out of the question and are not res judicata because the appellant…
2Cases cited42 opinions
- Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1897
- Armstrong Paint & Varnish Works v. Nu-Enamel Corp.Supreme Court of the United States · 1938
- Morgan v. DanielsSupreme Court of the United States · 1894
- Estate of P. D. Beckwith, Inc. v. Commissioner of PatentsSupreme Court of the United States · 1920
- Nesbit v. Riverside Independent DistrictSupreme Court of the United States · 1892
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