Oka v. Youssefyeh
Court of Appeals for the Federal Circuit
849 F.2d 581 (1988)
Relevant factsFree
In a patent interference proceeding, Oka (senior party) filed first on October 31, 1980, while Youssefyeh (junior party) claimed an earlier invention date based on conceiving the idea for a 2-indanyl compound in February 1980, though he lacked any method to actually make that compound until January 1981; he did have a method for a related 5-indanyl compound by around the last week of October 1980. The Board awarded Youssefyeh priority based on an October 10, 1980 invention date, and Oka appealed.
IssueFree
Whether an inventor who possesses only the idea for a chemical compound, without a workable method of making it until a later date, may claim conception as of the earlier idea date.
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