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In re Bass

474 F.2d 1276 (1973)

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In re Bass

United States Court of Customs and Patent Appeals

474 F.2d 1276 (1973)

Facts

Bass Jr., Jenkins Sr., and Horvat (plaintiffs) filed an application as joint inventors of a vacuum system for controlling and collecting waste on machines used to prepare textile fibers for spinning. A patent examiner issued a final rejection of all its claims as obvious in view of five prior-art references including a patent issued to Bass and Horvat as prior joint inventors of the suction nozzle claimed in the application under consideration and a patent issued to Jenkins as the prior inventor of the main cylinder claimed. The inventors filed an affidavit, during the application’s prosecution, stating they jointly invented the invention under consideration as coworkers on a common project and did not invent the subject matter of the Bass and Jenkins patents. The examiner concluded in his final rejection that the affidavit did not remove the Bass and Jenkins patents as prior inventions under § 102(g) because the affidavit antedated the references. The Patent Office Board of Appeals (board) (defendant) affirmed the examiner’s rejection and reasoning.

Rule of Law

Issue

Holding and Reasoning (Rich, C.J.)

Concurrence (Baldwin, J.)

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