Legal Opinion · Concurrence
Alumatone Corp. v. Vita-Var Corp.
Court of Customs and Patent Appeals
Decided June 30, 1950No. Patent Appeal No. 5683Published
1ConcurrenceO’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.
The court has merely appropriated the findings of the infringement suit and substituted them here as a ground of reversal *616for 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 has not included them in the…
2Cases cited44 opinions
- Commissioner v. SunnenSupreme Court of the United States · 1948
- 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
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