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Patents--Prior Publication-Application Of Section 102(B) To Plant Patents, Ira J. Jaffe S.Ed.
Patents--Prior Publication-Application Of Section 102(B) To Plant Patents, Ira J. Jaffe S.Ed.
Michigan Law Review
Appellant applied for a plant patent on two roses which he had developed. The Patent Office Board of Appeals affirmed the final rejection of the application on the basis of section 102(b) of the patent statute. Pictures and classifications of the varieties of roses sought to be patented had appeared in printed publications more than one year before appellant's application. On appeal, held, reversed. In order to bar issuance of a plant patent, a description in a printed publication must convey such knowledge as to place the invention within the public domain. In re LeGrice, 301 F.2d 929 …
Regulation Of Business - Antitrust Laws - Exemption Of Agricultural Cooperative, Dean L. Berry S.Ed.
Regulation Of Business - Antitrust Laws - Exemption Of Agricultural Cooperative, Dean L. Berry S.Ed.
Michigan Law Review
Defendant agricultural cooperative, organized under the authority of section 6 of the Clayton Act and section I of the Capper- Volstead Act, engaged in alleged predatory practices claimed by the government to constitute an attempt to monopolize and lessen competition within the ban of the Sherman and Clayton Acts. In a civil action by the government setting forth three separate claims for relief from such activities, held, the first cause of action, alleging monopoly, dismissed on the merits. In the absence of a combination or conspiracy with persons who are not within the purview of the Clayton and Capper-Volstead …