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COGAR v. SCHUYLER

No. 71-1713.

464 F.2d 747 (1972)

George R. COGAR, Appellant, v. William E. SCHUYLER, Jr., Commissioner of Patents, and SPERRY RAND CORPORATION.

United States Court of Appeals, District of Columbia Circuit.

Decided March 28, 1972.

Rehearing Denied April 25, 1972.

Attorney(s) appearing for the Case

Leonard H. Becker, Washington, D. C., with whom Kenneth C. Bass, III, Washington, D. C., was on the brief, for appellant.

Jere W. Sears, Associate Sol., U. S. Patent Office, with whom S. Wm. Cochran, Sol., U. S. Patent Office, was on the brief, for appellee Schuyler.

Alan E. J. Branigan, Washington, D.

C., for appellee Sperry Rand Corp.

Before BAZELON, Chief Judge, McGOWAN, Circuit Judge, and A. SHERMAN CHRISTENSEN, U. S. Senior District Judge for the District of Utah.

CHRISTENSEN, District Judge:

In this appeal we are asked to determine whether an inventor can prevent the issuance of a patent to himself; more specifically whether a protesting inventor, fearing injury to reputation from publication of a patent thought to be anticipated by the prior art, is entitled to an oral hearing in the Patent Office to contest patentability on an application filed by a proprietary claimant as agent for the inventor under 35 U.S.C. § 118...

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