Legal Opinion

Muskat v. Schmelkes

Court of Customs and Patent Appeals

Decided January 3, 1944No. 4806PublishedCited by 8 opinions

1Opinion of the CourtBlaNd, Judge

From a decision of the Board of Interference Examiners of the United States Patent Office awarding to Schmelkes priority in four *839counts corresponding to claims taken from three Muskat and Chenicek patents, Muskat and Chenicek have here appealed. The counts all define a product, and since we ai’e not concerned here with the differences in the breadth of the counts, count 1 is illustrative and reads:

1. Chlorinated melamine characterized in that a substantial amount of the chlorine in said chlorinated melamine is present as active chlorine.

The invention relates to chlorinated melamine, which is…

2Cases cited3 opinions

  1. Corona Cord Tire Co. v. Dovan Chemical Corp.Supreme Court of the United States · 1928
  2. Kyrides v. BrusonCourt of Customs and Patent Appeals · 1939
  3. Tinnerman v. KostCourt of Customs and Patent Appeals · 1942

3Cited by8 opinions

  1. Application of John A. Nelson and Anthony C. ShabicaCourt of Customs and Patent Appeals · 1960
  2. Frederick F. Blicke v. Gino R. TrevesCourt of Customs and Patent Appeals · 1957
  3. Joshua C. Conner v. George G. JorisCourt of Customs and Patent Appeals · 1957
  4. Tennessee Valley Authority v. Monsanto Chemical CompanyCourt of Appeals for the Fifth Circuit · 1967
  5. Saklatwalla v. MarburgCourt of Customs and Patent Appeals · 1949

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