Legal Opinion
Kenneth A. Barton and Michael J. Miller v. Michael J. Adang, Thomas A. Roucheleau, Donald J. Merlo and Elizabeth E. Murray
Court of Appeals for the Federal Circuit
Decided December 9, 1998No. 97-1491PublishedCited by 11 opinions
1Opinion of the Court
RICH, Circuit Judge.
Kenneth A. Barton and Michael J. Miller appeal from a judgment of the Board of Patent Appeals and Interferences (Board) entered against Barton et al. in a three-party interference as to the subject matter in claims 1-4, 7, and 15-22 of the Barton et al. application designated as corresponding to a single count of the interference. Because we find that the Board abused its discretion, we reverse and remand.
Background
The Board declared a three-party interference on November 7, 1996, between the following two pending patent applications, whose owners were deemed junior…
2Cases cited9 opinions
- In Re Kuriappan P. Alappat, Edward E. Averill and James G. LarsenCourt of Appeals for the Federal Circuit · 1994
- Immigration & Naturalization Service v. StanisicSupreme Court of the United States · 1969
- Elizabeth Nye Woodard, Miles Cogley Nye, Jr., and the Kendall Company v. Sage Products, Inc.Court of Appeals for the Federal Circuit · 1987
- Romero v. United StatesCourt of Appeals for the Federal Circuit · 1994
- Leslie C. Case v. Cpc International, Inc., and Commissioner of Patents and Trademarks, Co-AppelleesCourt of Appeals for the Federal Circuit · 1984
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Superior Fireplace Company v. The Majestic Products Company and Vermont Castings, Inc., Defendants-CrossCourt of Appeals for the Federal Circuit · 2001
- Eli Lilly & Co. v. Board of Regents of the University of WashingtonCourt of Appeals for the Federal Circuit · 2003
- Minnesota Mining and Manufacturing Company and Riker Laboratories, Inc., and Alphapharm Pty. Ltd. v. Barr Laboratories, Inc.Court of Appeals for the Federal Circuit · 2002
- Kwr Construction, Inc. v. United StatesUnited States Court of Federal Claims · 2015
- Andrx Pharmaceuticals, Inc. v. Biovail Corp.Court of Appeals for the Federal Circuit · 2002
6 more not listed; retrieve them via the Exa API.