McMullin v. Carroll, (2005)

Extract

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McMullin v. Carroll, (2005)

NOTE: Pursuant to Fed

NOTE: Pursuant to Fed. Cir. R. 47.6, this disposition is not citable as precedent. It is a public record.

United States Court of Appeals for the Federal Circuit 05-1098 (Interference No. 105,146)

FARIS W. MCMULLIN,

Appellant,

v. FRANCIS C. CARROLL,

Appellee.

DECIDED: October 31, 2005

Before MICHEL, Chief Judge, NEWMAN, and BRYSON, Circuit Judges. BRYSON, Circuit Judge.

This is an interference case. The Patent and Trademark Office's Board of Patent Appeals and Interferences ruled in favor of appellee Francis C. Carroll and against appellant Faris W. McMullin on the ground that the specification of McMullin's patent application did not provide an adequate written description of the invention set forth in the count. We hold that the Board's decision was not legally flawed and that its factual findings were supported by substantial evidence. Accordingly, we affirm.

I

In December 1996, McMullin filed a provisional application for a patent directed to a cleat designed to provide traction for golf shoes and shoes used in other turf sports. In the initial application and later related applications that shared a common specification, McMullin explained that the recited cleat would provide traction on turf while withstanding abrasion when being worn on hard surfaces, and that unlike a conventional metal cleat it would not penetrate so deeply as to damage the grass plants making up the turf.

The recited cleat consi...

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