Case law

Application of A. Louis Delisle

406 F.2d 1386 · Court of Customs and Patent Appeals · Mar 6, 1969

to the Brown reference as well as to Hunt. … The decision of the board is, accordingly, affirmed. Affirmed. 1 . Serial No. 232,863 filed October 24, 1962 for “Insecticide and Method.’

Application of Robert R. Citron

326 F.2d 418 · Court of Customs and Patent Appeals · Jan 23, 1964

He complains that the board completely ignored the same plea. … Co. v. Kingsland, Comr.Pat., 86 U.S.App.D.C. 13 , 179 F.2d 35 . 1 Appellant discusses this case at length, suggesting that it is “bad law.” We do not agree that that opinion states “bad law.”

In re Jewett

136 F.2d 726 · Court of Customs and Patent Appeals · May 3, 1943

Claims 83 and 84, rejected by the Primary Examiner, were allowed by the board. Claims 77 and 80 are illustrative and read as follows: ■77. … The decision of the Board of Appeals is affirmed.

In re Neukirch

141 F.2d 503 · Court of Customs and Patent Appeals · Mar 6, 1944

The Board of Appeals affirmed the decision of the examiner for the reasons given by him. Clearly, each of the references discloses a sealed flared coupling joint. … For the reasons stated the decision of the Board of Appeals is affirmed.

Keve & Young v. United States

12 Ct. Cust. 103 · Court of Customs and Patent Appeals · Feb 9, 1924

Brown & Co. et al. v. United States ( 12 Ct. Cust. Appls. 93 ; T. … D. 40026), decided concurrently herewith, the motion of the Government to dismiss is overruled and the judgment of the Board of General Appraisers is hereby affirmed.

Cosmetically Yours, Inc. v. Clairol Incorporated

424 F.2d 1385 · Court of Customs and Patent Appeals · May 7, 1970

Tri-Valley Growers etc. v. Maple Island, Inc., 360 F.2d 248 , 53 CCPA 1217 (1966); Island Road Bottling Company v. Drink-Mor Beverage Co., 140 F.2d 331 , 31 CCPA 816 (1944), and cases cited therein. … Food Specialty Co., Inc. v. Standard Products Co., Inc., 406 F.2d 1397 , 56 CCPA 1005 (1969); Gillette Co. v. “42” Products Ltd., 396 F.2d 1001 , 55 CCPA 1347 (1968). One matter remains.

United States v. Kress & Co.

11 Ct. Cust. 443 · Court of Customs and Patent Appeals · Jan 22, 1923

Cone v. United States ( 6 Ct. Cust. Appls. 263 ; T. D. 35477). Under tbe tariff act of 1897 these natural seeds were held to be nonenumerated manufactured articles. (T. D. 27257, supra. See also T. … On tbe whole, we think the judgment of the Board of General Appraisers ought to be, and it is hereby, affirmed.

In re Cassidy

97 F.2d 93 · Court of Customs and Patent Appeals · Jun 6, 1938

The product of the former is dark brown in color, and that of appellant a much lighter brown. They are both labeled “6:12 Dimethyl Coeroxenol Acetate.” According to their labels they are the same substance. … The decision of the Board of Appeals is affirmed.

Powell v. Poupitch

167 F.2d 514 · Court of Customs and Patent Appeals · Apr 6, 1948

The situation presented is, therefore, similar to that in the case of Brown, Jr. v. Barton, 102 F.2d 193 , 26 C.C.P.A., Patents, 889. … In the instant case, the critical period is much longer than it was in the case of Brown, Jr. v. Barton, supra.

Meadows v. United States

12 Ct. Cust. 396 · Court of Customs and Patent Appeals · Dec 17, 1924

In considering this question, it may be noted that both the importer and the Government cite and rely upon United States v. Brown ( 2 Ct. Cust. Appls. 189 ; T. D. 31943); United States v. Fenton ( 5 Ct. Cust. … In United States v. Shallus ( 2 Ct. Cust. Appls. 332 ; T.

Application of George R. Harris

399 F.2d 245 · Court of Customs and Patent Appeals · Jul 3, 1968

Harris appeals from the decision of the Board of Appeals which affirmed the examiner’s rejections of claims 25-28 in his application 1 as “based upon an insufficient disclosure” and as “unpat-entable over Soday 2 in view … The examiner noted that Soday discloses natural or synthetic rubber compositions containing a blend of high boiling aromatic oils and sulfur-vulcanized brown vegetable oils.

United States v. Brandenstein & Co.

8 Ct. Cust. 435 · Court of Customs and Patent Appeals · May 31, 1918

The Board of General Appraisers sustained the protest and the Government appealed. … The decision of the Board of General Appraisers is affirmed. .

Langer v. Kaufman

465 F.2d 915 · Court of Customs and Patent Appeals · Sep 21, 1972

We agree with the conclusion of the board and appellees’ contention that Heard v. Burton, 51 CCPA 1502, 333 F. 2d 239 , 142 USPQ 97 (1964), is controlling. … The board did not rule on the substance of the charge for it held that it lacked jurisdiction over the validity of the Kaufman patent. In Norton v.

United States v. Mercantil Distribuidora, S. A.

43 C.C.P.A. 111 · Court of Customs and Patent Appeals · Apr 18, 1956

United States v. Paul Puttmann, 21 C. C. P. A. (Customs) 135, T. D. 46466, United States v. Wo Kee & Co., 21 C. C. P. A. (Customs) 341, T. D. 46880, United States v. Rotberg & Krieger, 24 C. C. P. A. (Customs) 441, T. … Florida Packing & Ice Co. v. Carney, 51 Fla. 190 , 41 So. 190 (1906); Commonwealth v. Clark, 344 Pa. 155 , 25 A. 2d 143 (1942); and Commonwealth v. Fried & Reineman Packing Co., 198 A. 801 (Pa. 1938).

United States v. Neuman & Schwiers Co.

12 Ct. Cust. 207 · Court of Customs and Patent Appeals · May 19, 1924

D. 31677); Rice & Co. v. United States (10 id. 165, 167 ; T. D. 38403). … The issue thus raised is similar to that decided by this court in the cases of Brown & Co. v. United States ( 12 Ct. Cust. Appls. 93 ; T. D. 40026); and Scaramelli v. United States (12 id. 134 ; T. D. 40056).

In re Fischer

63 F.2d 264 · Court of Customs and Patent Appeals · Feb 20, 1933

The same thing is substantially true in the Brown et al. reference. While the *894 use may be somewhat different, it is thought the arts are sufficiently analogous to make the reference proper. … In support of this contention,, appellant relies upon the case of Lawther v. Hamilton, 124 U. S. 1 , in which it was found that the omission of a certain step in a process there involved constituted invention.

In re Pneumatiques, Caoutchouc Manufacture et Plastiques Kleber-Colombes

487 F.2d 918 · Court of Customs and Patent Appeals · Nov 15, 1973

Similarly, the rule that doubt as to likelihood of confusion shall ,be resolved against the newcomer has been applied in the Patent Office in ex parte cases from an early time as shown by the decisions in Ex parte Brown, … The decision of the board is affirmed. Affirmed.

In re Seebach

88 F.2d 722 · Court of Customs and Patent Appeals · Mar 29, 1937

Brown, 1,212,738, January 16, 1917. The application relates to the production of molded articles and the subject matter is sufficiently described in the above quoted claims. … For the reasons stated herein, the decision of the Board of Appeals is affirmed.

United States v. Fuld

4 Ct. Cust. 234 · Court of Customs and Patent Appeals · May 23, 1913

United States v. Brown, Durrell & Co. ( 127 Fed., 793, 798 ); Bradstreet v. Thomas (12 Peters (37 U. S.), 57, 62); Voorhees v. United States Bank (10 Peters (35 U. S.), 449, 472). … For a very able discussion of this latter question see United States v. Brown, Durrell & Co. ( 127 Fed., 793 ); Henderson v. Sherman ( 47 Mich., 267 ); Bell v. Todd ( 51 Mich., 21 ); Miller v.

Else v. McCormack

112 F.2d 782 · Court of Customs and Patent Appeals · Jun 24, 1940

The burden of proving that the device of McCormack is inoperative rests upon the moving party, Williams v. Handschiegl, 410 O. G. 817 ; 1926 C. D. 423; 48 F. (2d) 395; 18 C. C. P. A. Patents 1176, 1181. … The decision of the Board of Appeals is ajfi/nned.