# Saunders v. Browne

> Court of Customs and Patent Appeals · February 17, 1941 · 117 F.2d 547

URL: https://www.frixlaw.com/law-library/cases/6818106

## Case

- **Full name:** Saunders v. Browne
- **Court:** Court of Customs and Patent Appeals
- **Decided:** February 17, 1941
- **Citations:** 117 F.2d 547; 28 C.C.P.A. 884; 48 U.S.P.Q. (BNA) 465; 1941 CCPA LEXIS 31
- **Precedential status:** Published
- **Opinion:** Concurrence by Gaekett
- **Judges:** Bland, Gaekett, Garrett, Hatfield, Jackson, Lenroot
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6818106

## Opinion text

Gaekett, P. J.,
specially concurring.
As indicated by my concurrence in the dissenting opinion of Judge Bland in the case of Avery v. Chase, 26 C. C. P. A. (Patents) 823, 836, 101 F. (2d) 205, I am in general agreement with his views respecting the so-called doctrine of estoppel in patent proceedings, and the views which he here expresses upon that subject are in harmony *900 with those there expressed by him, and I again concur in such views.
While I do not regard the discussion of estoppel as being essential to the decision, I realize the case was presented to us in a manner which led the majority to think otherwise, and I make no criticism of their action in that respect. I concur in the conclusion reached upon the merits.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6818106. Public record. Not legal advice.