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Fitzgerald v. Arbib

268 F.2d 763, 122 U.S.P.Q. 530 (1959)

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Fitzgerald v. Arbib

United States Court of Customs and Patent Appeals
268 F.2d 763, 122 U.S.P.Q. 530 (1959)

Facts

In November 1954, Arbib (defendant) applied for a patent on an ornamental escutcheon plate for a lock. The patent was issued on July 19, 1955. However, Warren Fitzgerald (plaintiff) had filed an application for the same invention on July 11, 1955. This led to an interference proceeding. Fitzgerald had evidence in the form of pencil and color drawings of the design from May and June 1954, but his testimony indicated that he considered the invention incomplete until the creation of a wooden pattern in March 1955. The patent office resolved the interference in favor of Arbib. Fitzgerald appealed to the United States Court of Customs and Patent Appeals.

Rule of Law

Issue

Holding and Reasoning (Martin, J.)

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