Department of Energy v. Westland

FORD, Judge.*

This is an appeal from the final order of the Patent and Trademark Office (PTO) Board of Patent Interferences (board) in a proceeding to determine the right of the Energy Research and Development Administration (ERDA)1 to have a patent issued to it instead of the inventor or his assignee, under section 152 of the Atomic Energy Act of 1954 (Act), as amended (42 U.S.C. 2182).2 The board held that ERDA was not entitled to direct the Commissioner of Patents and Trademarks to issue a patent to it, based upon this court’s holding in Piper v. Atomic Energy Commission, 502 F.2d 1393, 183…