Legal Opinion

James C. Fang v. Elinor M. Hankins and William D. Emmons

Court of Customs and Patent Appeals

Decided July 18, 1968No. Patent Appeal 7906PublishedCited by 4 opinions

1Opinion of the Court

WORLEY, Chief Judge.

Fang appeals from the decision of the Board of Patent Interferences, which awarded to the senior party, Han-kins and Emmons (Hankins), priority of invention of the subject matter of thirteen counts corresponding to claims 1-5, 7, 9, 10, 12, 14, 15, 17 and 19 of the Han-kins patent. 1 Because Fang filed his application after the Hankins patent issued, he has the burden of proving priority beyond a reasonable doubt. Conner v. Joris, 241 F.2d 944, 44 CCPA 772, (1957).

The subject matter of the counts relates to certain monomeric acrylic acid and methacrylic acid esters of…

2Cases cited6 opinions

  1. Frederick F. Blicke v. Gino R. TrevesCourt of Customs and Patent Appeals · 1957
  2. Joshua C. Conner v. George G. JorisCourt of Customs and Patent Appeals · 1957
  3. Robert A. Reiners v. Charles L. MehltretterCourt of Customs and Patent Appeals · 1956
  4. Wolfgang B. Klemperer v. Nathan C. PriceCourt of Customs and Patent Appeals · 1959
  5. Muskat v. SchmelkesCourt of Customs and Patent Appeals · 1944

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

3Cited by4 opinions

  1. Richard C. Price v. Dale R. SymsekCourt of Appeals for the Federal Circuit · 1993
  2. Giulio Natta, Piero Pino and Georgio Mazzanti, Ex Rel. Interference 89,634 v. Alex Zletz and Standard Oil Company of IndianaCourt of Appeals for the Seventh Circuit · 1968
  3. Anderson v. NattaCourt of Customs and Patent Appeals · 1973
  4. HUGHES AIRCRAFT COMPANY v. General Instrument Corp.District Court, D. Delaware · 1974

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