Legal Opinion

Lindley v. Shepherd

Court of Appeals for the D.C. Circuit

Decided February 6, 1928No. 2033PublishedCited by 16 opinions

1Opinion of the Court

ROBB, Associate Justice.

Appeal from 'a decision of the Commissioner of Patents ,in an interference proceeding-awarding priority to the appellee, Shepherd. The single claim involved is claim 5 of Shepherd’s patent, reading as follows:

“5. A separator for storage cells comprising a thin sheet of insulating material having wear-resisting strips embedded in one face thereof.”

Shepherd’s application was filed on May 15, 1922, and his patent issued June 3, 1924. Lindley’s application was filed April 10, 1922, and was copending when the Shepherd patent issued, but it then contained no claim similar in…

Also in this document: Per curiam.

2Cases cited3 opinions

  1. Hestonville, M. & F. Pass. Ry. Co. v. McDuffeeCourt of Appeals for the Third Circuit · 1910
  2. Herzog v. New York Telephone Co.Court of Appeals for the Second Circuit · 1910
  3. Herzog v. New York Telephone Co.U.S. Circuit Court for the District of Southern New York · 1909

3Cited by16 opinions

  1. Hansgirg v. KemmerCourt of Customs and Patent Appeals · 1939
  2. Brand v. ThomasCourt of Customs and Patent Appeals · 1938
  3. Lester C. Crome v. Henton MorroghCourt of Customs and Patent Appeals · 1956
  4. Samuel P. McCutchen Jr., and Jack E. Eskilson v. Francis A. OliverCourt of Customs and Patent Appeals · 1966
  5. Carl F. Prutton v. Everett W. Fuller and Ellwood M. JohnsonCourt of Customs and Patent Appeals · 1956

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