Opinion

Esso Standard Oil Company v. Bigelow-Clark, Inc.

  • 266 F.2d 804
  • 46 C.C.P.A. 883
Court
Court of Customs and Patent Appeals
Filed
Apr 28, 1959
Status
Published
Author
Worley
On the bench
O'Connell, Worley, Rich, Martin
Cited by
2 cases

The opinion

WORLEY, Judge

(dissenting).

There is ample evidence of record to support the reasoning and conclusions of the examiner and the Assistant Commissioner that the opposer did not discharge its burden of proof.

To reverse that holding it is necessary for this court to indulge in assumptions as to the correctness of matters easily susceptible of proof, and which, I respectfully suggest, should more properly have been established below. I do not think the record here fairly supports the assumptions which are apparently necessary to reverse the holding appealed from. I would affirm.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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