Opinion

In Re Russell H. McCullough

  • 314 F.2d 570
  • 314 F.2d 571
  • 50 C.C.P.A. 1075
  • 136 U.S.P.Q. (BNA) 657
  • 1963 CCPA LEXIS 398
Court
Court of Customs and Patent Appeals
Filed
Mar 14, 1963
Status
Published
Author
Wokley
On the bench
Wokley, Worley, Rich, Martin, Smith, Almond
Cited by
0 cases

The opinion

Wokley, Chief Judge,

dissenting.

I am unable to see where appellant has done anything to earn a. patent.

In effect, the majority concludes that the principles of optics relied on by appellant are not expressly taught by the references. It seems to me, however, that those principles, so clearly illustrated in the concurring opinion, would necessarily be basic knowledge to one of ordinary skill in this particular art.

It seems to me that the problem cannot be approached on the theory that those skilled in the art would know only what they read in the' references; they are presumed to know at least the elementary principles of optics as they relate to motion picture projection. 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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