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Peeler v. Miller

535 F.2d 647 (1976)

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Peeler v. Miller

United States Court of Customs and Patent Appeals
535 F.2d 647 (1976)

Facts

In January 1968, Peeler, Godfrey, and Furby (collectively, Peeler) applied for a patent on an improved hydraulic fluid designed to reduce the gas-filled pockets that previously tended to form in the fluid. Meanwhile, another inventor, David Miller, had been working on an identical fluid. Miller assigned his rights in the invention to Monsanto Company, which filed a patent application in April 1970. The United States Patent and Trademark Office (PTO) issued a patent on the invention to Peeler in 1971. Later, with the application for the Miller-Monsanto patent still pending, the PTO declared an interference. Miller presented evidence of a preliminary disclosure of the invention to Monsanto in April 1966. The record also showed that Monsanto had taken no action on the matter until it assigned a patent attorney, William Black, to handle the application in October 1968. Because the PTO interference board determined the invention to have been reduced to practice by Miller as of this 1966 disclosure, Miller was awarded priority. Peeler appealed to the United States Court of Customs and Patent Appeals.

Rule of Law

Issue

Holding and Reasoning (Rich, J.)

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