Legal Opinion
Simon S. Kahn v. Harvey F. Phipard, Jr.
Court of Customs and Patent Appeals
Decided June 27, 1968No. Patent Appeal 7979PublishedCited by 5 opinions
1Opinion of the Court
SMITH, Judge.
The Board of Patent Interferences 1 awarded priority of invention to Phipard in Interference No. 93,370 2 and Kahn appeals. No testimony was taken by either party. The board awarded priority to' Phipard as the senior party in view of his effective 1960 filing date.
While several issues are raised on this appeal, the determinative issue is whether Phipard was properly given the benefit of his filing date. An ancillary issue is also raised by Kahn who contends the award of priority is void because it was made by a board which was illegally constituted by reason of its including an…
2Cases cited5 opinions
- Application of Rudolf WiechertCourt of Customs and Patent Appeals · 1967
- Frederick F. Glass v. William C. De RooCourt of Customs and Patent Appeals · 1956
- Avery v. ChaseCourt of Customs and Patent Appeals · 1939
- Kleinman v. SteinbachCourt of Customs and Patent Appeals · 1951
- Ray v. KronmillerCourt of Customs and Patent Appeals · 1948
3Cited by5 opinions
- Quabaug Rubber Company v. Fabiano Shoe Co., Inc.Court of Appeals for the First Circuit · 1977
- Leslie C. Case v. Cpc International, Inc., and Commissioner of Patents and Trademarks, Co-AppelleesCourt of Appeals for the Federal Circuit · 1984
- Correge v. MurphyCourt of Appeals for the Federal Circuit · 1983
- Wetmore v. QuickCourt of Customs and Patent Appeals · 1976
- U. S. Department of Energy v. SzulinskiCourt of Customs and Patent Appeals · 1982