In re Hilmer (Hilmer I)
United States Court of Customs and Patent Appeals
359 F.2d 859 (1966)
Hilmer (applicant) filed a patent application that was rejected by the patent examiner as obvious. The rejection was based on two patent references, one having been filed in the U.S. prior to Hilmer’s application, but the other (the Habicht patent) having filed in the U.S. after Hilmer’s filing date. The Habicht patent, however, relied upon a foreign-filed patent application (the Switzerland application) for priority. The Switzerland application’s filing date pre-dated Hilmer’s application filing date. Hilmer appealed the examiner’s decision to the Patent Office Board of Appeals, which upheld the rejection, holding that a U.S. patent is prior art as of its foreign filing date. The Board’s decision was based on 35 U.S.C. §119, which permits a patent application to claim a foreign priority date. Thus the Board held that the Habicht patent was entitled to the Switzerland application’s filing date, which predated Hilmer’s priority date. Hilmer appealed.
Rule of Law
Holding and Reasoning (Rich, C.J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 724,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 724,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 45,600 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.