Legal Opinion

In re Monks

Court of Customs and Patent Appeals

Decided December 7, 1978No. Appeal No. 78-603PublishedCited by 3 opinions

1Opinion of the Court

LANE, Judge.

This is an appeal from the decision of the United States Patent and Trademark Office (PTO) Board of Appeals (board) sustaining the examiner’s rejection under 35 U.S.C. § 102(d) of claims 14-25 of application serial No. 561,291, filed March 24, 1975, for “Conveyor Drives,” a continuation of application serial No. 350,785, filed April 13, 1973. We reverse.

Background

A counterpart British patent application, with claims directed to the same invention as the claims before us, was filed in Great Britain by appellant’s assigns on July 21, 1970, more than twelve months before appellant…

2Cases cited2 opinions

  1. Marconi Wireless Co. v. United StatesSupreme Court of the United States · 1943
  2. Marconi Wireless Telegraph Co. of America v. United StatesUnited States Court of Claims · 1935

3Cited by3 opinions

  1. In Re Faizulla G. KathawalaCourt of Appeals for the Federal Circuit · 1993
  2. In Re Bradley C. CarlsonCourt of Appeals for the Federal Circuit · 1993
  3. Fairchild Semiconductor Corp. v. Third Dimension (3D) Semiconductor, Inc.District Court, D. Maine · 2008

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