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Gould v. Hellwarth

Court of Customs and Patent Appeals
472 F.2d 1383 (1973)


Facts

Gould (appellant) and Hellwarth (respondent) both filed patent applications claiming a type of laser, with Gould having filed more than two years before Hellwarth. During an interference proceeding before the Board of Patent Appeals and Interferences (BPAI), it was determined that Gould’s application failed to satisfy the enablement requirement under 35 U.S.C. §112, which requires that a patent application teach one of ordinary skill in the art to make and use the claimed invention. Because Gould’s application did not support the claimed invention under 35 U.S.C. §112, priority was awarded to Hellwarth. Gould appealed.

Rule of Law

Issue

Holding and Reasoning (Lane, J.)

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