Opinion

Application of Albert Bowers and James C. Orr

  • 359 F.2d 886
  • 53 C.C.P.A. 1590
Court
Court of Customs and Patent Appeals
Filed
May 12, 1966
Status
Published
Author
Kirkpatrick
On the bench
Rich, Martin, Smith, Almond, Kirkpatrick
Cited by
29 cases
Authority
More cited than 24.8%

“Under section 103, a reference patent is available for all it fairly discloses to one of ordinary skill in the art. There is no inquiry as to what is claimed therein.”

How later courts described this case

  • “Under section 103, a reference patent is available for all it fairly discloses to one of ordinary skill in the art. There is no inquiry as to what is claimed therein.”
  • using “commonly owned” and “common assignee” interchangeably

Written by the judges who cited it.

The opinion

KIRKPATRICK, Judge

(concurring).

The opinion in this case is a logical extension of the reasoning of the Court in In re Robeson, 331 F.2d 610 , 51 CCPA 1271, and In re Kaye, 332 F.2d 816 , 51 CCPA 1465. The rationale of those decisions requires the reversal of the board’s decision in the present case and, for that reason only, I coftcur.

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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