Legal Opinion
Breuer v. DeMarinis
Court of Customs and Patent Appeals
Decided June 30, 1977No. Patent Appeal No. 76-668PublishedCited by 8 opinions
1Opinion of the Court
BALDWIN, Judge.
This is an appeal by Breuer et al. (Breuer) from the decision of the Patent and Trademark Office Board of Patent Interferences (board) which, by summary judgment, awarded priority of invention to DeMarinis. The board concluded that Breuer, the junior-party applicants,1 had not shown, as required by 37 CPR 1.204(c), prima facie entitlement to an award of priority with respect to the filing date of DeMarinis, the senior-party patentee.2 We reverse and remand.
Background
The subject matter of the interference is a group of cephalosphorin compounds possessing antibacterial activity.3…
2Cases cited15 opinions
- In re ArkleyCourt of Customs and Patent Appeals · 1972
- Kenneth L. Berry v. Watt W. Webb, William A. Wissler and William D. ForgengCourt of Customs and Patent Appeals · 1969
- Peeler v. MillerCourt of Customs and Patent Appeals · 1976
- Mikus v. WachtelCourt of Customs and Patent Appeals · 1976
- Hedgewick v. AkersCourt of Customs and Patent Appeals · 1974
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3Cited by8 opinions
- Holmwood v. SugavanamCourt of Appeals for the Federal Circuit · 1991
- Solvay S.A. v. Honeywell International Inc.Court of Appeals for the Federal Circuit · 2014
- John K. Shurie v. Wesley Q. RichmondCourt of Appeals for the Federal Circuit · 1983
- Therasense, Inc. v. Becton, Dickinson and Co.District Court, N.D. California · 2008
- Holmwood v. SugavanamCourt of Appeals for the Federal Circuit · 1991
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