Legal Opinion

Weil v. Fritz

Court of Customs and Patent Appeals

Decided June 28, 1979No. Appeal No. 79-534PublishedCited by 11 opinions

1Opinion of the Court

BALDWIN, Judge.

This appeal by Weil1 is from an award of priority of invention, by the Patent and Trademark Office Board of Patent Interferences (board), of a single count in issue to Fritz et al.2 (Fritz) after remand from this court in Weil v. Fritz, 572 F.2d 856, 196 USPQ 600 (1978). We affirm.

Background

The single count in interference is as follows:

1. A method for the inhibition of plant growth which comprises applying thereto an effective amount of 2-chloroe-thylphosphonic aeid.[3]

As we outlined in the prior Weil v. Fritz, the chronology of applications is thus:

Party Fritz Party Weil

Applic…

2Cases cited16 opinions

  1. Application of Newsome W. GayCourt of Customs and Patent Appeals · 1962
  2. In re WertheimCourt of Customs and Patent Appeals · 1976
  3. Application of Robert E. Moore and Edward J. JanoskiCourt of Customs and Patent Appeals · 1971
  4. Application of Alfred Marzocchi and Richard C. HortonCourt of Customs and Patent Appeals · 1971
  5. In re SmithCourt of Customs and Patent Appeals · 1973

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

3Cited by11 opinions

  1. Spectra-Physics, Inc., Appellee/cross-Appellant v. Coherent, Inc., Appellant/crossCourt of Appeals for the Federal Circuit · 1987
  2. Walter C. Fiers v. Michel Revel and Pierre Tiollais v. Haruo Sugano, Masami Muramatsu and Tadatsugu TaniguchiCourt of Appeals for the Federal Circuit · 1993
  3. Plastic Container Corporation v. Continental Plastics of Oklahoma, Inc.Court of Appeals for the Tenth Circuit · 1979
  4. In re SherwoodCourt of Customs and Patent Appeals · 1980
  5. Christianson v. Colt Industries Operating Corp.District Court, C.D. Illinois · 1985

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

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