Legal Opinion

Elmer J. Lawson, George M. Fohlen, and Aaron Addelston v. William F. Bruce and Joseph Seifter

Court of Customs and Patent Appeals

Decided April 28, 1955No. Patent Appeal 6089PublishedCited by 7 opinions

1Opinion of the Court

COLE, Judge.

Appellants here appeal from a decision of the Board of Patent Interferences of the United States Patent Office, one member dissenting, awarding priority of the inventive subject matter disclosed in two counts composing the interference to the junior party and appellees, Bruce and Seifter.

The invention defined in the counts relates to a group of new organic compounds having valuable therapeutic properties, such as local anesthetic activity. Count 1 is a generic composition claim. Count 2 covers a process for making the product of count 1. The counts read:

“1. A member of the group…

2Cases cited5 opinions

  1. Automatic Weighing Mach. Co. v. Pneumatic Scale Corp.Court of Appeals for the First Circuit · 1909
  2. Farrington v. MikeskaCourt of Customs and Patent Appeals · 1946
  3. Bierly v. HappoldtCourt of Customs and Patent Appeals · 1953
  4. Kyrides v. AndersenCourt of Customs and Patent Appeals · 1941
  5. Wiley v. MearsCourt of Customs and Patent Appeals · 1935

3Cited by7 opinions

  1. Marion Den Beste v. Harry MartinCourt of Customs and Patent Appeals · 1958
  2. Application of Francis J. Honn and Willard M. SimsCourt of Customs and Patent Appeals · 1966
  3. Application of Harry Louis Yale, Francis Alexander Sowinski and Jack BernsteinCourt of Customs and Patent Appeals · 1965
  4. Josef Fried, David Perlman, Richard W. Thoma, and Elwood O. Titus v. Herbert C. Murray, and Durey H. PetersonCourt of Customs and Patent Appeals · 1959
  5. Abbott GmbH & Co. v. Centocor Ortho Biotech, Inc.District Court, D. Massachusetts · 2012

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