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Ball Corp. v. United States

729 F.2d 1429, 221 U.S.P.Q. 289 (1984)

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Ball Corp. v. United States

United States Court of Appeals for the Federal Circuit
729 F.2d 1429, 221 U.S.P.Q. 289 (1984)

Facts

Ball Corporation (plaintiff) applied for a patent on a dual-slot antenna assembly for use in missiles. The original application included a claim for at least one conductive lead—or feedline—to be connected to a conductor. This claim was dropped, and the amended application called for a plurality of leads connected to a conductor. A patent was issued. Less than two years later, Ball decided that limiting the patent to a plurality of leads was an error that rendered the invention partially inoperative. Ball applied for and obtained a reissue patent, which included claims directed to a single feedline in addition to the claims directed to a plurality of feedlines. Ball brought suit against the United States government (defendant) in the United States Court of Claims for unauthorized use of the invention claimed by the patent. Both sides moved for summary judgment. Both motions were denied. However, the court found that the newly included claims directed to a single feedline were valid because they were broader in scope than the original claims but narrower than the canceled claim directed to at least one conductive lead. Thus, the reissue patent was upheld. The government appealed to the United States Court of Appeals for the Federal Circuit.

Rule of Law

Issue

Holding and Reasoning (Smith, J.)

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