Application of Borst
United States Court of Customs and Patent Appeals
345 F.2d 851 (1965)
Relevant factsFree
Borst's (plaintiff) nuclear-reactor-safety patent application was rejected based on an unpublished 1947 memorandum that remained classified until 1957, which the Patent Office found contained enough information to anticipate Borst's claims even though the memorandum's invention itself had never actually been built.
IssueFree
Whether a disclosure that merely enables a person of ordinary skill in the relevant art to reduce an invention to practice constitutes prior knowledge under the Patent Act of 1952.