Asseff v. Marzall, Commissioner of Patents , 189 F.2d 660 ( 1951 )

WILKIN, District Judge

(dissenting).

The evidence is clear that Asseff was first' in reducing to practice the specific ingredients that produced the desired result and constituted the invention. It seems contrary to the very spirit and purpose of patent law to allow the subsequent application of Cook the benefit of the earlier date of his application, the teaching of which was expressly contrary to the combination which constituted the invention.