ROBB, Associate Justice.
Appeal from a decision of the Commissioner of Patents, in an interference proceeding, awarding priority to the senior party and patentee, Outman.
The Outman application was filed September 14, 1922, and the patent issued August 22, 1922. As Hofman did not file his application until February 2, 1923, or about five months after the grant of the Outman patent, the burden is on him to establish his case beyond a reasonable doubt.
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