Legal Opinion

Vernon C. Applegate and John H. Howell v. Otto Scherer, Heinz Frensch and Gerhard Stähler

Court of Customs and Patent Appeals

Decided June 11, 1964No. Patent Appeal 7095PublishedCited by 17 opinions

1Opinion of the Court

RICH, Judge.

This appeal is from the decision of the Patent Office Board of Patent Interferences in favor of the junior party to interference No. 90,131, Scherer, Frensch and Stahler (herein “Scherer”), who are involved on their application serial No. 714,028, filed February 10, 1958.

The senior party-appellants, Apple-gate and Howell (herein “Applegate”), are involved on their application serial No. 652,316, filed April 11, 1957.

The invention is defined in the following single count:

“A method for controlling sea lampreys which comprises adding to a body of water inhabited by said lampreys…

2Cases cited4 opinions

  1. Marshall B. Alpert v. Harvey L. SlatinCourt of Customs and Patent Appeals · 1962
  2. Smith v. BousquetCourt of Customs and Patent Appeals · 1940
  3. In re TanselCourt of Customs and Patent Appeals · 1958
  4. Shumaker v. PaulsonCourt of Customs and Patent Appeals · 1943

3Cited by17 opinions

  1. Richard C. Price v. Dale R. SymsekCourt of Appeals for the Federal Circuit · 1993
  2. Burroughs Wellcome Co. v. Barr Laboratories, Inc., and Novopharm, Inc. And Novopharm, Ltd.Court of Appeals for the Federal Circuit · 1994
  3. Jeffrey R. Sewall and Ronald G. Walters v. Ronald G. WaltersCourt of Appeals for the Federal Circuit · 1994
  4. Rohm and Haas Co. v. Dawson Chemical Co., Inc.District Court, S.D. Texas · 1983
  5. Dana-Farber Cancer Institute v. Ono Pharmaceutical Co., Ltd.Court of Appeals for the Federal Circuit · 2020

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