Legal Opinion
Clinton W. MacMullen and Alfred Marzocchi v. Thomas R. Santelli, Thomas R. Santelli v. Clinton W. MacMullen and Alfred Marzocchi
Court of Customs and Patent Appeals
Decided February 6, 1964No. Patent Appeal 7035, 7036PublishedCited by 3 opinions
1Opinion of the Court
ALMOND, Judge.
These appeals are from the decision of the Board of Patent Interferences in Interference No. 89,543. The board awarded priority as to three counts to the party MacMullen et al. and the remaining counts to the party Santelli. Both parties appeal.
MacMullen et al. were issued a patent 1 from which Santelli copied nine claims in his pending application. 2 These claims constitute the counts in issue here. Santelli is the senior party by virtue of the earlier filing date of his application, but the board found that MacMullen et al. could rely on their parent application, 3 which had…
2Cases cited2 opinions
- Benjamin Phillips and Paul S. Starcher v. Arthur W. CarlsonCourt of Customs and Patent Appeals · 1960
- Smith v. NevinCourt of Customs and Patent Appeals · 1934
3Cited by3 opinions
- Kenneth L. Berry v. Watt W. Webb, William A. Wissler and William D. ForgengCourt of Customs and Patent Appeals · 1969
- James A. Patterson and Glenn K. Lissner v. Karl-Heinz HauckCourt of Customs and Patent Appeals · 1965
- Bell Telephone Laboratories, Incorporated v. Hughes Aircraft Company, and General Instrument CorporationCourt of Appeals for the Third Circuit · 1977