Legal Opinion

Weil v. Fritz

Court of Customs and Patent Appeals

Decided January 26, 1978No. Appeal No. 77-557PublishedCited by 14 opinions

1Opinion of the Court

BALDWIN, Judge.

This is an appeal by Weil,1 the junior party, from the decision of the Patent and Trademark Office Board of Patent Interferences (board) which awarded priority of invention to Fritz et al. (Fritz),2 ruling that Fritz was entitled to the benefit of an earlier application with a filing date before the earliest date asserted by Weil, his filing date. We reverse and remand.

Background

The subject matter of the interference is defined by the sole count which reads as follows:

A method for the inhibition of plant growth which comprises applying thereto an effective amount of 2 —…

2Cases cited24 opinions

  1. Frederick H. Norton v. Lawrence E. CurtissCourt of Customs and Patent Appeals · 1971
  2. Automatic Weighing Mach. Co. v. Pneumatic Scale Corp.Court of Appeals for the First Circuit · 1909
  3. Godfrey v. EamesSupreme Court of the United States · 1864
  4. In re HoganCourt of Customs and Patent Appeals · 1977
  5. In re BassCourt of Customs and Patent Appeals · 1973

19 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Hybritech Incorporated v. Monoclonal Antibodies, Inc.Court of Appeals for the Federal Circuit · 1986
  2. Transco Products Inc. v. Performance Contracting, Inc. And Performance Contracting Group, Inc.Court of Appeals for the Federal Circuit · 1994
  3. Peter J. Degeorge v. Donald R. BernierCourt of Appeals for the Federal Circuit · 1985
  4. Gilbert P. Hyatt v. Gary W. BooneCourt of Appeals for the Federal Circuit · 1998
  5. Standard Oil Company v. MontedisonDistrict Court, D. Delaware · 1980

9 more not listed; retrieve them via the Exa API.

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