U.S. Court of Appeals for the D.C. Circuit, 1958

John P. O'Brien v. Robert C. Watson. Commissioner of Patents

U.S. Court of Appeals for the D.C. Circuit · Decided December 18, 1958 · Burger, Fahy, Per Curiam, Washington

262 F.2d 718; 104 U.S. App. D.C. 407 (Federal Reporter, Second Series)

Counsel

Mr. William J. Ruano, Pittsburgh, Pa., for appellant., Mr. George C. Roeming, Atty., U. S. Patent Office, with whom Mr. Clarence W. Moore, Solicitor, U. S. Patent Office, was on the brief, for appellee.

Cases that cite this one

1 later published case cites this decision.

Zenith Radio Corporation v. David L. Ladd, Commissioner of Patents (D.C. Cir. 1962)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

This is a patent case, under Section 145 of Title 35 U.S.Code (1952), 35 U.S. C.A. § 145. The Patent Office and District Court both found lack of invention over the prior art. On the record before us, we cannot say that either the Patent Office or the District Court erred. It may well be true, as plaintiff-appellant argues, that he has made a useful contribution to the art of die making. But the essence of any such contribution, as expressed in his brief and argument, is not reflected in the language of his formal claims, 1 or in any proof offered to the District Court.

Affirmed.

. See claims 18 and 19 of patent application filed November 29, 1947, Serial No. 788,835.

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