Phillip Benjamin Baldwin
Encyclopedia
Phillip Benjamin Baldwin (December 23, 1924 – April 20, 2002) from 1968 to 1991 served as a judge on U.S. Court of Customs and Patent Appeals (CCPA) and on the U.S. Court of Appeals for the Federal Circuit.
Baldwin was born in Marshall, Texas
, the son of Lucile Jones Baldwin and John Browning Baldwin, M.D. and brother of John Browning "Jack" Baldwin, Jr., Mary Jane Baldwin Sanders and Francis Scott "Scotty" Baldwin, Sr. He was the grandson of J.B. Baldwin, after whom the settlement of Baldwin, Texas was named. Judge Baldwin was a United States Army Air Corps
pilot from 1943 to 1946, flying B-25 Mitchell
s in the South West Pacific theatre of World War II
on low-level bombing raids. His unit was the 405th Flight Squadron, 38th Bomb Group, of the Fifth Air Force
. He earned the Asiatic-Pacific Campaign Medal
with six bronze service star
s: (Luzon
, Western Pacific, New Guinea
, Borneo
, China Sea
offensive, and the air offensive of Japan
). He was also decorated with the American Campaign Medal
and by the Philippine
Government with the Philippine Liberation Medal
.
He later went on to pursue his undergraduate degree at North Texas State University
, receiving a B.A. in 1949. He studied at both the South Texas College of Law
and the Baylor Law School
. After graduation from South Texas College of Law
, he went into private practice in his hometown of Marshall
, Texas, and then moved on to public service a year later, serving as Assistant District Attorney for Harrison County
and later District Attorney
. In 1959, he returned to private practice in Marshall with his brother, Scotty Baldwin, and remained there until his appointment to the CCPA in 1968 by President Lyndon B. Johnson
.
Judge Baldwin was the author of In re Moore (444 F. 2d 572, 170 U.S.P.Q. (BNA) 260 (Fed. Cir. 1987)), a patent law case establishing the logical asymmetry
of the "prior invention" standard between patent interference
claims and Rule 131 affidavits. Judge Baldwin retired from the bench on April 8, 1991 and died in Shreveport, Louisiana
on April 20, 2002.
Baldwin was born in Marshall, Texas
Marshall, Texas
Marshall is a city in Harrison County in the northeastern corner of Texas. Marshall is a major cultural and educational center in East Texas and the tri-state area. As of the 2010 U.S. Census, the population of Marshall was about 23,523...
, the son of Lucile Jones Baldwin and John Browning Baldwin, M.D. and brother of John Browning "Jack" Baldwin, Jr., Mary Jane Baldwin Sanders and Francis Scott "Scotty" Baldwin, Sr. He was the grandson of J.B. Baldwin, after whom the settlement of Baldwin, Texas was named. Judge Baldwin was a United States Army Air Corps
United States Army Air Corps
The United States Army Air Corps was a forerunner of the United States Air Force. Renamed from the Air Service on 2 July 1926, it was part of the United States Army and the predecessor of the United States Army Air Forces , established in 1941...
pilot from 1943 to 1946, flying B-25 Mitchell
B-25 Mitchell
The North American B-25 Mitchell was an American twin-engined medium bomber manufactured by North American Aviation. It was used by many Allied air forces, in every theater of World War II, as well as many other air forces after the war ended, and saw service across four decades.The B-25 was named...
s in the South West Pacific theatre of World War II
South West Pacific theatre of World War II
The South West Pacific Theatre, technically the South West Pacific Area, between 1942 and 1945, was one of two designated area commands and war theatres enumerated by the Combined Chiefs of Staff of World War II in the Pacific region....
on low-level bombing raids. His unit was the 405th Flight Squadron, 38th Bomb Group, of the Fifth Air Force
Fifth Air Force
The Fifth Air Force is a numbered air force of the United States Air Force Pacific Air Forces . It is headquartered at Yokota Air Base, Japan....
. He earned the Asiatic-Pacific Campaign Medal
Asiatic-Pacific Campaign Medal
The Asiatic-Pacific Campaign Medal is a service decoration of the Second World War which was awarded to any member of the United States military who served in the Pacific Theater from 1941 to 1945 and was created on November 6, 1942 by issued by President Franklin D. Roosevelt. The medal was...
with six bronze service star
Service star
A service star, also referred to as a battle star, campaign star, or engagement star, is an attachment to a United States military decoration which denotes participation in military campaigns or multiple bestowals of the same award. Service stars are typically issued for campaign medals, service...
s: (Luzon
Luzon
Luzon is the largest island in the Philippines. It is located in the northernmost region of the archipelago, and is also the name for one of the three primary island groups in the country centered on the Island of Luzon...
, Western Pacific, New Guinea
New Guinea
New Guinea is the world's second largest island, after Greenland, covering a land area of 786,000 km2. Located in the southwest Pacific Ocean, it lies geographically to the east of the Malay Archipelago, with which it is sometimes included as part of a greater Indo-Australian Archipelago...
, Borneo
Borneo
Borneo is the third largest island in the world and is located north of Java Island, Indonesia, at the geographic centre of Maritime Southeast Asia....
, China Sea
China Sea
The China Seas consist of the seas of the Western Pacific Ocean, around China:* Bohai Sea* Yellow Sea* East China Sea* South China SeaOther uses*China Seas , a 1935 American adventure film...
offensive, and the air offensive of Japan
Japan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
). He was also decorated with the American Campaign Medal
American Campaign Medal
The American Campaign Medal was a military decoration of the United States armed forces which was first created on November 6, 1942 by issued by President Franklin D. Roosevelt...
and by the Philippine
Philippines
The Philippines , officially known as the Republic of the Philippines , is a country in Southeast Asia in the western Pacific Ocean. To its north across the Luzon Strait lies Taiwan. West across the South China Sea sits Vietnam...
Government with the Philippine Liberation Medal
Philippine Liberation Medal
The Philippine Liberation Medal is a military award of the Republic of the Philippines which was created by an order of Commonwealth Army of the Philippines Headquarters on December 20, 1944...
.
He later went on to pursue his undergraduate degree at North Texas State University
University of North Texas
The University of North Texas is a public institution of higher education and research in Denton. Founded in 1890, UNT is part of the University of North Texas System. As of the fall of 2010, the University of North Texas, Denton campus, had a certified enrollment of 36,067...
, receiving a B.A. in 1949. He studied at both the South Texas College of Law
South Texas College of Law
South Texas College of Law is a private American Bar Association accredited law school and is a member of the Association of American Law Schools...
and the Baylor Law School
Baylor Law School
Founded in 1857, Baylor Law School is the oldest law school in Texas and has been accredited by the American Bar Association since 1931 and a member of the Association of American Law Schools since 1938. Baylor Law School is affiliated with Baylor University and located in Waco, Texas...
. After graduation from South Texas College of Law
South Texas College of Law
South Texas College of Law is a private American Bar Association accredited law school and is a member of the Association of American Law Schools...
, he went into private practice in his hometown of Marshall
Marshall, Texas
Marshall is a city in Harrison County in the northeastern corner of Texas. Marshall is a major cultural and educational center in East Texas and the tri-state area. As of the 2010 U.S. Census, the population of Marshall was about 23,523...
, Texas, and then moved on to public service a year later, serving as Assistant District Attorney for Harrison County
Harrison County, Texas
Harrison County is a county of the U.S. state of Texas. In 2000, its population was 62,110. It is named for Jonas Harrison, a lawyer and Texas revolutionary. It is located in the Ark-La-Tex region...
and later District Attorney
District attorney
In many jurisdictions in the United States, a District Attorney is an elected or appointed government official who represents the government in the prosecution of criminal offenses. The district attorney is the highest officeholder in the jurisdiction's legal department and supervises a staff of...
. In 1959, he returned to private practice in Marshall with his brother, Scotty Baldwin, and remained there until his appointment to the CCPA in 1968 by President Lyndon B. Johnson
Lyndon B. Johnson
Lyndon Baines Johnson , often referred to as LBJ, was the 36th President of the United States after his service as the 37th Vice President of the United States...
.
Judge Baldwin was the author of In re Moore (444 F. 2d 572, 170 U.S.P.Q. (BNA) 260 (Fed. Cir. 1987)), a patent law case establishing the logical asymmetry
Asymmetry
Asymmetry is the absence of, or a violation of, symmetry.-In organisms:Due to how cells divide in organisms, asymmetry in organisms is fairly usual in at least one dimension, with biological symmetry also being common in at least one dimension....
of the "prior invention" standard between patent interference
Interference proceeding
An interference proceeding, also known as priority contest, is an inter partes proceeding to determine the priority issues of multiple patent applications. It is a unique procedure in the patent law of the United States. Unlike in most other countries which have adopted the first-to-file system,...
claims and Rule 131 affidavits. Judge Baldwin retired from the bench on April 8, 1991 and died in Shreveport, Louisiana
Shreveport, Louisiana
Shreveport is the third largest city in Louisiana. It is the principal city of the fourth largest metropolitan area in the state of Louisiana and is the 109th-largest city in the United States....
on April 20, 2002.
External links
- Federal Judicial Center entry on Phillip Benjamin Baldwin
- http://www.tshaonline.org/handbook/online/articles/htb06
- http://www.baldwinlaw.com/index.php