Legal Opinion · Concurrence

Reese v. Hurst

Court of Customs and Patent Appeals

Decided October 15, 1981No. Appeal Nos. 81-525 to 81-527Published

1ConcurrenceBaldwin, Judge

I agree that the evidence amassed by appellants is deficient, as the majority opin*1238ion suggests, in substantiating an actual reduction to practice. But I feel the majority improperly derogates the evidentiary significance of the Katz notebook. In particular, I believe the majority misapplies the law by concluding that the fact “[tjhat ‘Katz had no incentive to report to Reese and Roger tests which were not actually conducted’ goes to the weight of the evidence * * *, but does not satisfy the need for corroboration that is not dependent solely on Katz, as required even under the rule of reason.”

2Cases cited13 opinions

  1. Mergenthaler v. ScudderCourt of Appeals for the D.C. Circuit · 1897
  2. Kenneth L. Berry v. Watt W. Webb, William A. Wissler and William D. ForgengCourt of Customs and Patent Appeals · 1969
  3. Ritter v. Rohm & Haas CompanyDistrict Court, S.D. New York · 1967
  4. James L. Gianladis v. Gus S. KassCourt of Customs and Patent Appeals · 1963
  5. Collins v. OlsenCourt of Customs and Patent Appeals · 1939

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