Legal Opinion
Perkins v. Engs
Court of Customs and Patent Appeals
Decided April 14, 1941No. 4429PublishedCited by 1 opinion
1Opinion of the CourtJackson, Judge
This is an appeal in an interference proceeding wherein the Board of Appeals of the United States Patent Office affirmed a decision of the Examiner of Interferences awarding priority of invention of the subject matter in issue to appellees.
The interference involves a joint application of appellants, Serial No. 532,678, filed April 24, 1931, and appellees’ patent No. 2,007,159 which issued July 9, 1935 on an application, Serial No. 541,526, filed June 1, 1931.
Appellees are the junior party and the burden was upon them to establish priority of invention by a preponderance of the evidence.
The…
2Cases cited4 opinions
- Union Pacific Railway Co. v. WylerSupreme Court of the United States · 1895
- Briggs v. KaislingCourt of Appeals for the D.C. Circuit · 1923
- Bijur v. KenningtonCourt of Appeals for the D.C. Circuit · 1922
- Libby v. BeverlyCourt of Appeals for the Fifth Circuit · 1920
3Cited by1 opinion
- Abbott GmbH & Co. v. Centocor Ortho Biotech, Inc.District Court, D. Massachusetts · 2012