Opinion

Application of Newsome W. Gay

  • 309 F.2d 769
  • 50 C.C.P.A. 725
Court
Court of Customs and Patent Appeals
Filed
Nov 14, 1962
Status
Published
Author
Worley
On the bench
Worley, Rich, Martin, Smith, Jackson
Cited by
102 cases

"Not every last detail is to be described, else patent specifications would turn into production specifications, which they were never intended to be."

How later courts described this case

  • "Not every last detail is to be described, else patent specifications would turn into production specifications, which they were never intended to be."
  • the Board erred in requiring inclusion of the details of the product "as it is 'being marketed.' "
  • best mode requirement precludes inventors “from applying for patents while at the same time concealing from the public preferred embodiments of their inventions which they have in fact conceived”
  • “Not every last detail is to be described, else patent specifications would turn into product specifications, which they were never intended to be.”

Written by the judges who cited it.

The opinion

WORLEY, Chief Judge

(concurring).

This appeal presents far more of a problem to me than appears to be the case with the majority.

It poses very close questions regarding the issue of “new matter,” and particularly the sufficiency of applicant’s disclosure. There is doubt in my mind that the disclosure properly satisfies the minimum statutory requirement, and it is only by resolving that doubt in appellant’s favor, that I concur in the result.

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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