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Applegate v. Scherer

332 F.2d 571 (1964)

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Applegate v. Scherer

United States Court of Customs and Patent Appeals
332 F.2d 571 (1964)

  • Written by Jack Newell, JD

Facts

Sea lampreys were causing serious problems in the Great Lakes. The Fish and Wildlife Service, led by Vernon Applegate (plaintiff), solicited methods for reducing the lamprey population. Otto Scherer (defendant) proposed a chemical compound that would be effective for killing the larvae of sea lamprey, and he sent the Fish and Wildlife Service a sample. Both Applegate and Scherer submitted patent applications for the chemical to the United States Patent and Trademark Office (PTO). The PTO declared an interference as a result of two parties submitting the same patent. The Board of Patent Interferences gave the patent to Scherer, finding he was the actual inventor of the chemical. Applegate appealed to the United States Court of Customs and Patent Appeals.

Rule of Law

Issue

Holding and Reasoning (Rich, J.)

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