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Application of Borst

United States Court of Customs and Patent Appeals
345 F.2d 851 (1965)


Facts

Borst (plaintiff) sought a patent application for a system that would increase the safety of nuclear reactors by varying a small neutron input source to effectively control a large neutron output. The United States Patent Office rejected Borst’s application on the basis of an unpublished memorandum authored by Samsel in 1947. The Samsel document was initially considered classified information and was unavailable to the public until 1957. Nevertheless, the patent office believed the Samsel document constituted prior art and contained information that anticipated the claims in Borst’s patent application. As a result, Borst’s patent application was denied. Borst appealed the denial.

Rule of Law

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Issue

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Holding and Reasoning (Smith, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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