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NORTON v. CURTISS

Patent Appeal No. 8332.

433 F.2d 779 (1970)

Frederick H. NORTON, Appellant, v. Lawrence E. CURTISS, Appellee.

United States Court of Customs and Patent Appeals.

Rehearing Denied February 11, 1971.

Attorney(s) appearing for the Case

Amster & Rothstein, New York City, attorneys of record, for appellant. Morton Amster, James Reisman, New York City, William C. Nealon, Southbridge, Mass., of counsel.

W. Philip Churchill, Fish & Neave, New York City, for appellee. Lee C. Robinson, Jr., John A. Howson, New York City, of counsel.

Before RICH, ALMOND, BALDWIN and LANE, Judges, and FISHER, Chief Judge, Eastern District of Texas, sitting by designation.

BALDWIN, Judge.

Norton appeals from the decision of the Board of Patent Interferences awarding priority to Curtiss of the two counts in interference No. 93,002 involving the applications1 of the two parties.2 Curtiss is the senior party because of his earlier filing date. Both parties have presented considerable evidence in the nature of testimony and documentary as well as physical exhibits.

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