Opinion

Application of David Neville Kirk and Vladimir Petrow

  • 376 F.2d 936
  • 54 C.C.P.A. 1119
Court
Court of Customs and Patent Appeals
Filed
Apr 10, 1967
Status
Published
Author
Smith
On the bench
Rich, Smith, Worley, Almond, Kirkpatrick
Cited by
28 cases

noting that a “person skilled in the art” is commonly defined as “a typical inventor or designer active in the relevant field”

How later courts described this case

  • noting that a “person skilled in the art” is commonly defined as “a typical inventor or designer active in the relevant field”
  • noting Application of Adams, 50 C.C.P.A. 1185, 316 F.2d 476, 478-80 (1963) (Martin, J., concurring and dissenting)
  • “There always exists, on the part of some people, a selfish desire to obtain patent protection without making a full disclosure, which the law, in the public interest, must guard against. Hence . . . the ‘best mode’ requirement does not permit an inventor to disclose only what he knows to be his second-best embodiment, retaining the best for himself.”
  • rejecting intermediaries for steroids with no known use

Written by the judges who cited it.

The opinion

SMITH, Judge

(dissenting).

Our usual practice is to release the majority opinion simultaneously with any dissenting opinions. There has been an unwarranted departure from this procedure in this case, the effect of which is to preclude an expression of my views at this time. I am unable to see wherein the cause of justice is served by such an irregular procedure. This dissent is therefore 1) a protest to the procedure here adopted, and 2) a notice that my full written dissent will be forthcoming as soon as the pressures of court work permit.

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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