# Application of William L. Tenney, Paul A. Frank and Scoville E. Knox

> Court of Customs and Patent Appeals · April 23, 1958 · 254 F.2d 619

URL: https://www.frixlaw.com/law-library/cases/9446144

## Case

- **Full name:** Application of William L. TENNEY, Paul A. Frank and Scoville E. Knox
- **Court:** Court of Customs and Patent Appeals
- **Decided:** April 23, 1958
- **Citations:** 254 F.2d 619
- **Precedential status:** Published
- **Opinion:** Concurrence by Worley
- **Judges:** Johnson, O'Connell, Worley, Rich
- **Cited by:** 7 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/9446144

## Opinion text

WORLEY, Judge
(concurring).
I agree with the result reached by the majority but do not wish to be understood as holding that under no circumstances can a microfilm be “printed” within the statutory meaning.
The very thorough review by the majority illustrates the extreme difficulty of stating with finality just what constitutes a printed publication, as well as the irreconcilable judicial conflicts which have resulted therefrom.
I doubt that Congressional intent of the unitary term “printed publication” can be satisfactorily determined merely by a literal interpretation of those words individually. It seems to me other factors are entitled to consideration, including not only the actual physical process employed in production or reproduction, but also availability, accessibility, dissemination and, perhaps, in some cases, even intent. 1 Under such circumstances, it would appear advisable to limit determination in the instant case to the specific question presented. Any broader holding or, for that matter, even dictum, might well result in increasing rather than diminishing the present unsettled condition of the law.
. A talk delivered by John A. Blair, Esq. at Michigan Patent Law Association Meeting February 7, 1956.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9446144. Public record. Not legal advice.