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JEFFERY v. LOCKE

No. 1886.

13 F.2d 316 (1926)

JEFFERY et al. v. LOCKE.

Court of Appeals of District of Columbia.

Decided June 1, 1926.

Attorney(s) appearing for the Case

J. H. Milans and C. T. Milans, both of Washington, D. C., and Wilber Owen, of Toledo, Ohio, for appellants.

C. S. Davis and H. H. Simms, both of Rochester, N. Y., for appellee.

Before MARTIN, Chief Justice, ROBB, Associate Justice, and SMITH, Judge of the United States Court of Customs Appeals.

ROBB, Associate Justice.

This interference is closely related to that involved in patent appeal No. 1853, ___ App. D. C. ___, 13 F.2d 315, just decided. Here, as there, priority may not be awarded to Locke, unless a disclosure of the subject-matter of the claims is found in his original and forfeited application. For the reasons stated in our decision in patent appeal No. 1853, we find no such disclosure.

Count 3 of the present...

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