# Application of Robert Joly and Julien Warnant

> Court of Customs and Patent Appeals · April 10, 1967 · 376 F.2d 906

URL: https://www.frixlaw.com/law-library/cases/9452708

## Case

- **Full name:** Application of Robert JOLY and Julien Warnant
- **Court:** Court of Customs and Patent Appeals
- **Decided:** April 10, 1967
- **Citations:** 376 F.2d 906; 54 C.C.P.A. 1159
- **Precedential status:** Published
- **Opinion:** Concurrence by Worley
- **Judges:** Smith, Rich, Worley, Almond, Kirkpatrick
- **Cited by:** 9 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/9452708

## Opinion text

WORLEY, Chief Judge
(specially concurring).
It is most regrettable that for the first time in the history of this court, the usual orderly processes of the court have been ignored by a minority.
The instant appeal was re-argued December 5, 1966. The majority opinion was circulated February 20 in its present form. Yet, now, nearly one month later, the dissenting opinions are not available and no valid excuse is given.
It would seem that if the majority can direct its time and attention to expediting the work of the court it should not be too much to expect the same diligence from the minority.
It should not be necessary to say that the duty of this court is to the litigants, applicants for patents, the Patent Office and the public — not to the possible whims and caprices of individual judges. It is impossible to discharge that duty by condoning the instant derelictions, which hereafter will not be countenanced.
RICH, Judge.
Notice of Withdrawal
With the filing of the attached dissenting opinion in the above case, I hereby withdraw my “Notice of Forthcoming Dissenting Opinion,” dated March 16, 1967 (published in Patent, Trademark and Copyright Weekly Reports for April 3, 1967, 153 USPQ No. 1, at page 47 following the majority opinion herein).

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9452708. Public record. Not legal advice.