Legal Opinion

Borror v. Herz

Court of Customs and Patent Appeals

Decided December 10, 1981No. Appeal Nos. 81-532, 81-533PublishedCited by 16 opinions

1Opinion of the Court

NIES, Judge.

These appeals are from the decisions of the Patent and Trademark Office Board of Patent Interferences (board) awarding priority of invention in both interferences to *571Herz et al. (Herz), the senior party.1 The board held that where no justification was given for the absence of the inventor’s testimony, the party’s case for priority, based on actual reduction to practice, could not be established. We reverse.

Background

The counts in both interferences are directed to the use of novel silver halide complexing agents or solvents in photographic processing compositions or processes. The…

2Cases cited5 opinions

  1. Reese v. HurstCourt of Customs and Patent Appeals · 1981
  2. Linkow v. LinkowCourt of Customs and Patent Appeals · 1975
  3. Wiesner v. WeigertCourt of Customs and Patent Appeals · 1981
  4. Alexander v. BlackmanCourt of Appeals for the D.C. Circuit · 1906
  5. Dashiell v. Washington Market Co.Court of Appeals for the D.C. Circuit · 1897

3Cited by16 opinions

  1. Richard C. Price v. Dale R. SymsekCourt of Appeals for the Federal Circuit · 1993
  2. Buildex Incorporated v. Kason Industries, Inc.Court of Appeals for the Federal Circuit · 1988
  3. Raymark Industries, Inc. v. United StatesUnited States Court of Claims · 1988
  4. Holmwood v. SugavanamCourt of Appeals for the Federal Circuit · 1991
  5. Coplin v. United StatesUnited States Court of Claims · 1984

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