Quimbee logo
DMCA.com Protection Status

Titanium Metals Corp. of America v. Banner

778 F.2d 775, 227 USPQ 773 (1985)

Case BriefRelatedOptions
From our private database of 31,100+ case briefs...

Titanium Metals Corp. of America v. Banner

Court of Appeals for the Federal Circuit

778 F.2d 775, 227 USPQ 773 (1985)

Facts

Titanium Metals Corp. of America (TMCA) (plaintiff) sued Banner (defendant) in his capacity as Commissioner of Patents and Trademarks. TMCA originally claimed a metal alloy, which is a blend of distinct metals, and alleged that it had certain desirable properties. The patent examiner, however, rejected two of the claims as anticipated by a Russian article and a third claim as obvious, also in light of the Russian article. The Board of Patent Appeals affirmed, but mistakenly ruled that all claims were anticipated, having not addressed obviousness. Proceeding only on anticipation, the Board argued that all of the claimed alloys were anticipated by the Russian reference, even though the Russian reference was silent on at least one claimed physical feature of the invention. The Board argued that one of skill in the art would be able to review the date plots and information on the Russian reference, would see that the claimed alloys were already known, and that the silence was irrelevant. TMCA filed suit against Banner, asking the district court to require the patent office to grant the patent application claims. After a brief bench trial, where the patent office called no witnesses, the district court found for TMCA, and the patent office appealed.

Rule of Law

Issue

Holding and Reasoning (Rich, C.J.)

What to do next…

  1. 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 557,000 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
  2. 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 557,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 31,100 briefs, keyed to 984 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.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 557,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 31,100 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership