Legal Opinion
John Sherman Smith v. Charles Emory Wehn
Court of Customs and Patent Appeals
Decided June 20, 1963No. Patent Appeal 6915PublishedCited by 19 opinions
1Opinion of the Court
RICH, Judge.
This appeal is from the decision of the Board of Patent Interferences which awarded priority of invention in interference No. 90,277, to the junior party Wehn. 1 The senior party Smith 2 has appealed. The subject matter is mechanical pencils.
The sole issue is whether Smith has the “right to make” the single count of the interference, 3 which reads:
“1. A pencil tip comprising a hollow sheath, a pencil body engaging said sheath and leaving an intervening chamber, a plastic sleeve of continuous annular cross-section disposed within said sheath, an external flange on said sleeve…
2Cases cited6 opinions
- Louis H. Segall v. Marion W. Sims, Ezra C. Hill and Aaron M. KrakowerCourt of Customs and Patent Appeals · 1960
- Podlesak v. McInnerneyCourt of Appeals for the D.C. Circuit · 1906
- Neumair v. MalocsayCourt of Customs and Patent Appeals · 1935
- Pelzer v. WeaverCourt of Customs and Patent Appeals · 1938
- In Re NicolsonCourt of Customs and Patent Appeals · 1931
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- William S. Gubelmann, Deceased, by Walter S. Gubelmann v. Herman GangCourt of Customs and Patent Appeals · 1969
- St. James Hospital v. HarrisDistrict Court, N.D. Illinois · 1981
- Williams v. Administrator of the National Aeronautics & Space AdministrationCourt of Customs and Patent Appeals · 1972
- Stansbury v. BondCourt of Customs and Patent Appeals · 1973
- Loy W. Sockman and Elliott W. Brady v. Robert C. Switzer and Richard A. WardCourt of Customs and Patent Appeals · 1967
14 more not listed; retrieve them via the Exa API.