BREEN v. RICHMOND

Patent Appeal No. 7520.

366 F.2d 482 (1966)

Alvin L. BREEN and Herbert G. Lauterbach, Appellants, v. Alfred RICHMOND, Robert Albert King and Alexander Henderson Gentle, Appellees.

United States Court of Customs and Patent Appeals.

October 6, 1966.


Attorney(s) appearing for the Case

A. Newton Huff, Norris E. Ruckman, Wilmington, Del. (Frederick Schafer, Washington, D. C., of counsel), for appellants.

Caspar C. Schneider, Jr., New York City, William A. Smith, Jr., Washington, D. C., for appellees.

Before WORLEY, Chief Judge, and RICH, MARTIN, SMITH and ALMOND, Judges.


SMITH, Judge.

The Board of Patent Interferences awarded priority to Richmond et al. (hereafter Richmond), and Breen et al. (hereafter Breen) appealed. Two principal issues are before us for determination. (1) Was Richmond's motion to shift the burden of proof properly granted? (2) If the first issue is resolved in favor of Richmond, did Breen establish an actual reduction to practice prior to the date accorded to Richmond for a constructive reduction to practice?...

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