Application of Schlittler

234 F.2d 882, 110 U.S.P.Q. 304 (1956)

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Application of Schlittler

United States Court of Customs and Patent Appeals
234 F.2d 882, 110 U.S.P.Q. 304 (1956)

Facts

The United States Patent and Trademark Office (PTO) examiner rejected a patent application filed by Emil Schlittler and Andreia Uffer on the grounds that the invention was anticipated by an article in the November 1948 issue of the Journal of the American Chemical Society. The patent application was given the benefit of its earlier filing date in Switzerland—May 21, 1948—but the published journal article included a notation that it had been received by the publisher on April 30, 1948. The examiner interpreted this date to mean that the subject of the patent application was known in the United States before May 1948. The PTO board of appeals affirmed the rejection. Schlittler and Uffer appealed to the United States Court of Customs and Patent Appeals.

Rule of Law

Issue

Holding and Reasoning (Worley, J.)

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