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The document discusses a court case about an air control system for carding machines. The court held the invention to be inventive because a prior invention that was suppressed or concealed under 35 U.S.C. 102(g) constitutes prior art under 35 U.S.C. 103.

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Eugene Labella
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28 views1 page

34 Saf

The document discusses a court case about an air control system for carding machines. The court held the invention to be inventive because a prior invention that was suppressed or concealed under 35 U.S.C. 102(g) constitutes prior art under 35 U.S.C. 103.

Uploaded by

Eugene Labella
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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[FOR THE FOLLOWING CASES, EXPLAIN WHY THE COURT HELD THE INVENTION TO BE

INVENTIVE/NON-INVENTIVE.]

In re Bass, 474 F.2d 1276, 177 U.S.P.Q. (BNA) 178 (C.C.P.A. 1973)

Invention: Air Control System for Carding Machines (vacuum system for controlling and
collecting waste on carding machines)

Ruling of the court: INVENTIVE.


35 U.S.C. 102(g) generally makes available as prior art within the meaning of 35 U.S.C. 103,
the prior invention of another who has not abandoned, suppressed or concealed it. The result of
applying the suppression and concealment doctrine is that the inventor who did not conceal (but
was the de facto last inventor) is treated legally as the first to invent, while the de facto first
inventor who suppressed or concealed is treated as a later inventor. The de facto first inventor,
by his suppression and concealment, lost the right to rely on his actual date of invention not only
for priority purposes, but also for purposes of avoiding the invention of the counts as prior art.).
A prior invention of another within the terms of § 102(g) constitutes “prior art” under §
103.

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