Abbott v. Shepherd
Court of Appeals for the D.C. Circuit
1Opinion of the Court
RUTLEDGE, Associate Justice.
The suit is pursuant to Rev.Stat. § 4915 (1878), 35 U.S.C. § 63 (1940), to obtain letters patent. The only question is priority of invention, which in turn depends upon reduction to practice and diligence. In interference proceedings the Patent Office, through the Board of Appeals, awarded priority to Shepherd,1 although the Examiner of Interferences previously had found in favor of Abbott. The District Court also decided for Shepherd, on both diligence and reduction to practice, and accordingly dismissed Abbott’s complaint. He now appeals.
The invention relates to…
2Cases cited13 opinions
- Abbott v. CoeCourt of Appeals for the D.C. Circuit · 1939
- Dickinson v. SwinehartCourt of Appeals for the D.C. Circuit · 1920
- Joy v. MorganDistrict Court, District of Columbia · 1924
- Bijur v. BendixCourt of Appeals for the D.C. Circuit · 1923
- Browning v. JohnsonCourt of Appeals for the D.C. Circuit · 1921
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3Cited by4 opinions
- Shell Development Co. v. Pure Oil Co.District Court, District of Columbia · 1953
- Mishawaka Rubber & Woolen Mfg. Co. v. Paine & Williams Co.Court of Appeals for the Sixth Circuit · 1943
- Hilding Olof Vidar Bergstrom, and Karl Gustaf Trobeck v. George H. Tomlinson and George H. Tomlinson IICourt of Customs and Patent Appeals · 1955
- Zalkind v. ScheinmanDistrict Court, S.D. New York · 1948