Legal Opinion

Benjamin Phillips and Paul S. Starcher v. Arthur W. Carlson

Court of Customs and Patent Appeals

Decided June 1, 1960No. Patent Appeal 6511PublishedCited by 9 opinions

1Opinion of the Court

MARTIN, Judge.

This appeal is from the decision of the-Patent Office Board of Patent Interferences awarding priority to the senior party, Carlson, of the single count involved in this appeal.

A patent, U.S.Patent No. 2,739,161, issued on March 20, 1956 to Carlson, the senior party, on an application filed December 16, 1954, containing a single claim, the count of this interference. It reads:

As a new composition of matter a compound of the structure

That compound has been referred to by the parties variously as bis- and di(2, 3 epoxycyclopentyl) ether and as bis- and di-(2, 3 epoxycyclopentenyl)…

2Cases cited2 opinions

  1. Thurston v. WulffCourt of Customs and Patent Appeals · 1947
  2. Potter v. ToneCourt of Appeals for the D.C. Circuit · 1911

3Cited by9 opinions

  1. Rohm and Haas Co. v. Dawson Chemical Co., Inc.District Court, S.D. Texas · 1983
  2. James A. Patterson and Glenn K. Lissner v. Karl-Heinz HauckCourt of Customs and Patent Appeals · 1965
  3. Torsten Hasselstrom and Malcolm C. Henry v. Blaine C. McKusickCourt of Customs and Patent Appeals · 1963
  4. James L. Gianladis v. Gus S. KassCourt of Customs and Patent Appeals · 1963
  5. Mikus v. WachtelCourt of Customs and Patent Appeals · 1976

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