Tofe v. Winchell

I concur in the view that the best mode issue must be held ancillary to priority. I do so solely on the basis of a perceived need for consistency in the law.

Over the years, this court has continually expanded the list of issues it has considered ancillary to priority, for example, (1) whether an application was altered after its execution, Vandenberg v. Reynolds, 44 CCPA 873, 877, 242 F.2d 761, 764, 113 USPQ 275, 277 (1957); (2) right to make a count, Stalego v. Heymes, 46 CCPA 772, 774, 263 F.2d 334, 335, 120 USPQ 473, 475 (1959); (3) fraud, Norton v. Curtiss, 57 CCPA 1384, 1389, 433 F.2d…