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In re Wyer

United States Court of Customs and Patent Appeals

655 F.2d 221, 2010 U.S.P.Q. 790 (1981)

Facts

The United States Patent and Trademark Office (PTO) examiner rejected Joseph Wyer’s patent application on the ground that Wyer had described the claimed invention in an Australian patent application available for public viewing more than a year before the U.S. filing date. The Australian patent application was available on microfilm at the main Australian patent office and five sub-offices. The PTO board of appeals affirmed the rejection. Wyer appealed to the United States Court of Customs and Patent Appeals.

Rule of Law

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Issue

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Holding and Reasoning (Rich, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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