Stevens v. Tamai (May 4, 2004) (Correction Tape Dispenser)
In an interference proceeding, The Federal Circuit reversed the Patent Board’s holding.
Tamai’s application was a continuation (A3) of a continuation (A2) of an original (A1). Unfortunately (for Tamai), he failed to properly submit a translation of A2 to the Board to prove the lineage. The Court found for Stevens because Tamai’s priority claim failed. The real lesson in this case is to follow the rules of the Patent Board. A timely authenticated translation may have won the case for Tamai.