Legal Opinion · Concurrence
Application of Josserand
Court of Customs and Patent Appeals
Decided April 10, 1951No. Patent Appeals 5779Published
1ConcurrenceO’Connell, Judge
(specially concurring) .
The three occasions upon which this litigation has come before us has found me in accord with the decision of the court. When the judgment is entered in the instant case, there shall have been rendered in the current litigation three unmodified judgments in each of which the right, question or fact involved was distinctly put in issue and directly determined by the court as a ground of recovery-.
*495The effect of the judgment in the present case is to deprive the inventor Josserand of his patent and thereby cause his invention to revert to the public domain for the…
2Cases cited32 opinions
- Commissioner v. SunnenSupreme Court of the United States · 1948
- United States v. Munsingwear, Inc.Supreme Court of the United States · 1950
- Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1897
- Enelow v. New York Life InsuranceSupreme Court of the United States · 1935
- Reed v. AllenSupreme Court of the United States · 1932
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