Legal Opinion

Sonnie J. Perkins v. Phil Kwon

Court of Appeals for the Federal Circuit

Decided September 22, 1989No. 89-1003PublishedCited by 18 opinions

1Opinion of the Court

PAULINE NEWMAN, Circuit Judge.

Sonnie J. Perkins appeals the decision of the United States Patent and Trademark Office Board of Patent Appeals and Interferences (“the Board”), which held that neither party to an interference proceeding between Perkins and Phil Kwon was entitled to a patent. 1 The Board held Kwon to be the prior inventor, and cancelled the claims of Perkins’ previously granted patent. 35 U.S.C. §§ 102(g) and 135(a) (1982 & Supp. V 1987). The Board also held that the count was unpatentable to Kwon because of an on-sale bar. 35 U.S.C. § 102(b) (1982).

There is no challenge on this…

2Cases cited5 opinions

  1. Brenner v. MansonSupreme Court of the United States · 1966
  2. Leslie C. Case v. Cpc International, Inc., and Commissioner of Patents and Trademarks, Co-AppelleesCourt of Appeals for the Federal Circuit · 1984
  3. In re RogoffCourt of Customs and Patent Appeals · 1958
  4. John E. Morgan v. Harry HirschCourt of Appeals for the Federal Circuit · 1984
  5. Tofe v. WinchellCourt of Customs and Patent Appeals · 1981

3Cited by18 opinions

  1. In Re Robert J. Gartside and Richard C. NortonCourt of Appeals for the Federal Circuit · 2000
  2. Conservolite, Inc. v. Don F. WidmayerCourt of Appeals for the Federal Circuit · 1994
  3. Koninklijke Philips Electronics N v. v. Cardiac Science Operating Co.Court of Appeals for the Federal Circuit · 2010
  4. Jan Gerritsen and Johannes C.J. Aerts v. Shoji Shirai, Masakzu Fukushima, Satoru Miyamoto and Masahiro MiyazakiCourt of Appeals for the Federal Circuit · 1992
  5. In Re Van GeunsCourt of Appeals for the Federal Circuit · 1993

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