Summary
In Shell Development Co. v. Watson, 102 U.S.App.D.C. 297, 252 F.2d 861 (1958), this court adopted the District Court holding that, in order to defeat a patent application on the basis of 35 U.S.C. § 102(a), a prior publication must "exhibit the thing claimed in such an intelligible manner as to enable persons skilled in the art to which the invention is related, to comprehend it."
Summary of this case from E.I. DuPONT de NEMOURS AND COMPANY v. LADDOpinion
No. 13945.
Argued December 16, 1957.
Decided March 6, 1958.
Appeal from the United States District Court for the District of Columbia; Edward M. Curran, Judge.
Mr. James M. Parker, Chicago, Ill., of the bar of the Supreme Court of Illinois, pro hac vice, by special leave of Court, with whom Messrs. Edward B. Beale and George R. Jones, Washington, D.C., were on the brief, for appellant.
Mr. Joseph Schimmel, Attorney, United States Patent Office, with whom Mr. Clarence W. Moore, Solicitor, United States Patent Office, was on the brief, for appellee.
Before WILBUR K. MILLER, BAZELON and BURGER, Circuit Judges.
In this suit under 35 U.S.C. § 145, the District Court upheld the Patent Office in its refusal to grant appellant's application for a patent. The issues are fully described in an opinion by the District Court, 1957, 149 F. Supp. 279, and we find no basis for disturbing the conclusions reached therein.
Affirmed.