Legal Opinion

Sikora v. Brenner

District Court, District of Columbia

Decided September 20, 1966No. Civ. A. No. 2746-65Published

1Opinion of the Court

OPINION

JACKSON, District Judge.

This is a civil action brought under 35 U.S.C. § 145 in which plaintiff seeks to obtain a patent on Claims 11 through 17 of application Serial No. 120,-274, filed June 28, 1961, entitled “Manufacture of Polyamides”. The case presents the issue of whether the Board of Appeals was clearly in error in rejecting the application as unpatentable over Stump patent No. 2,840,547. It is now well settled that in this Court, “in trials de novo under 35 U.S.C. § 145, doubt as to patentability is resolved, not in favor of applicant, but in favor of correctness of…

2Cases cited7 opinions

Morgan v. DanielsSupreme Court of the United States · 1894
Zenith Radio Corporation v. David L. Ladd, Commissioner of PatentsCourt of Appeals for the D.C. Circuit · 1962
Edwin L. Reynolds, Acting Commissioner of Patents v. Elie P. AghnidesCourt of Appeals for the D.C. Circuit · 1966
Fred B. Stieg v. Commissioner of PatentsCourt of Appeals for the D.C. Circuit · 1965
Application of Jack H. HofstetterCourt of Customs and Patent Appeals · 1966

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