# Application of Frederick C. Foster

> Court of Customs and Patent Appeals · July 1, 1965 · 343 F.2d 980

URL: https://www.frixlaw.com/law-library/cases/9450618

## Case

- **Full name:** Application of Frederick C. FOSTER
- **Court:** Court of Customs and Patent Appeals
- **Decided:** July 1, 1965
- **Citations:** 343 F.2d 980; 52 C.C.P.A. 1808
- **Precedential status:** Published
- **Opinion:** Concurrence by Rich
- **Judges:** Smith, Worley, Rich, Martin, Almond
- **Cited by:** 44 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/9450618

## Opinion text

RICH, Judge
(concurring).
In view of the opening remarks of Judge Smith’s dissent and because of the unusually long time the decision in this case has been gestating, I merely wish to record the fact that last August I first developed the tentative view that we committed an error of law in Palmquist and became firmly convinced of it and of its exact nature in early October after reviewing the Palmquist record. • I regret that until then I had not fully appreciated the explicit and detailed reliance by the examiner in that case on the existence of a one-year bar and on 35 U.S.C. § 102 (b) as the basis of his rejection.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9450618. Public record. Not legal advice.