United States Court of Customs and Patent Appeals.https://leagle.com/images/logo.png
July 3, 1968.
July 3, 1968.
Attorney(s) appearing for the Case
Bacon & Thomas, Washington, D. C. (Leo A. Rosetta, Washington, D. C., of counsel), for appellant.
Joseph Schimmel, Washington, D. C., for Commissioner of Patents.
John E. Hanrahan, Stamford, Conn. (Armand Cifelli, Bridgeport, Conn., Evans Kahn, Stamford, Conn., Joseph Levinson, Chicago, Ill., William P. Spielman, Washington, D. C., of counsel), amicus curiae.
Anthony P. DeLio, New Haven, Conn., Donald Brown, DeLio & Montgomery, New Haven, Conn., amici curiae.
Jacobs & Jacobs, Washington, D. C., amicus curiae.
Before WORLEY, Chief Judge, and RICH, SMITH, ALMOND and KIRKPATRICK, Judges.
United States Court of Customs and Patent Appeals.
SMITH, Judge.
The sole issue presented by this appeal is the interpretation of 35 U.S.C. § 120. Simply stated, the question is whether the language of section 120 limits an applicant to the benefit of the filing date of the second preceding application in a chain of copending applications. We reverse the decision of the Patent Office Board of Appeals,1 154 USPQ 53 (Pat.Off.Bd.App.1966...
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