Donald M. Woods v. William S. Tsuchiya

The three members of this panel are in agreement except with respect to the second point of the opinion entitled “Estoppel Against Woods.” On this point, the Board of Patent Interferences (“board”) granted Tsuchiya’s motion for judgment based on estoppel arising out of the first interference. My brothers (“the majority”) would affirm; whereas, I would vacate the board’s judgment and remand.

The majority has reacted to this case as though it were some strange, deep sea growth (properly termed an “interference”), which threatens the “sanctity” of a final judgment of the board against the party…