Patent Law Keyed to Adelman
In re Foster
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Foster filed his patent application August 21, 1956, which was rejected on the basis of a magazine article in an August 1954 periodical that allegedly made the invention obvious (the Binder reference). Under Rule 13, he filed an affidavit establishing that his invention date was before December 26, 1952. That meant the date of the Binder reference was after his date of invention but more than one year before the date he filed his application for patent.
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