Gould v. Hellwarth case brief summary
472 F.2d 1383 (1973)
CASE FACTS
Appellee applicant was awarded priority of invention by the Board of Patent Interferences in a patent case for invention of a certain laser. Appellant applicant sought review from the adverse decision. The issue on appeal was whether the disclosure of the application was adequate to enable a person skilled in the art to make an operable device, pursuant to 35 U.S.C.S. §112. Appellant asserted no date of invention prior to appellee's filing date. Further, appellee charged and the board agreed that the disclosure was insufficient as of its filing date to enable a person skilled in the art to make an operable laser.
DISCUSSION
The court agreed with the decision of the board to award priority of invention to appellee because appellant's application did not provide an enabling disclosure of how to make the subject matter of the counts.
CONCLUSION
The court affirmed the order of the board awarding priority of invention to appellee applicant in a patent case for invention of a laser.
Suggested Study Aids and Books
472 F.2d 1383 (1973)
CASE SYNOPSIS
Appellant applicant sought review from
an order of the Board of Patent Interferences awarding priority of
invention to appellee applicant.CASE FACTS
Appellee applicant was awarded priority of invention by the Board of Patent Interferences in a patent case for invention of a certain laser. Appellant applicant sought review from the adverse decision. The issue on appeal was whether the disclosure of the application was adequate to enable a person skilled in the art to make an operable device, pursuant to 35 U.S.C.S. §112. Appellant asserted no date of invention prior to appellee's filing date. Further, appellee charged and the board agreed that the disclosure was insufficient as of its filing date to enable a person skilled in the art to make an operable laser.
DISCUSSION
The court agreed with the decision of the board to award priority of invention to appellee because appellant's application did not provide an enabling disclosure of how to make the subject matter of the counts.
CONCLUSION
The court affirmed the order of the board awarding priority of invention to appellee applicant in a patent case for invention of a laser.
Suggested Study Aids and Books
No comments:
Post a Comment