# U. S. Department of Energy v. White

> Court of Customs and Patent Appeals · June 30, 1981 · 653 F.2d 479

URL: https://www.frixlaw.com/law-library/cases/8913591

## Case

- **Full name:** U. S. DEPARTMENT OF ENERGY v. Ralph E. WHITE, Appellee Ralph E. WHITE v. U. S. DEPARTMENT OF ENERGY, Cross-Appellee
- **Court:** Court of Customs and Patent Appeals
- **Decided:** June 30, 1981
- **Citations:** 653 F.2d 479; 210 U.S.P.Q. (BNA) 425; 1981 CCPA LEXIS 197
- **Precedential status:** Published
- **Opinion:** Concurrence by Markey
- **Judges:** Markey, Rich
- **Cited by:** 4 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/8913591

## How later opinions describe it (automated extraction)

- characterizing exclusion as a “draconian remedy,” the damage of which in that case “outweigh[ed] any possible harm of supposedly tainted evidence”

## Opinion text

MARKEY, Chief Judge,
concurring.
I join in the opinion portions relating to conception and reduction and to Motions IY and V. I cannot join in what I view as dicta concerning congressional intent. I concur in the result reached in the opinion portion under ti e Utility Issue because I consider the invention here as clearly “useful in, etc.” and entirely distinct from that in Piper. As the majority opinion recognizes, each case must be decided on its own facts, and that fact is enough for me.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8913591. Public record. Not legal advice.