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LINDLEY v. SHEPHERD

No. 2033.

24 F.2d 606 (1928)

LINDLEY v. SHEPHERD.

Court of Appeals of District of Columbia.

Decided February 6, 1928.

Attorney(s) appearing for the Case

M. E. Miller, of Washington, D. C., for appellant.

C. H. Potter and J. H. Brickenstein, both of Washington, D. C., E. L. Greenewald, of New York City, and R. H. Van Nest, of Niagara Falls, N. Y., for appellee.

Before MARTIN, Chief Justice, and ROBB and VAN ORSDEL, Associate Justices.

ROBB, Associate Justice.

Appeal from a decision of the Commissioner of Patents in an interference proceeding awarding priority to the appellee, Shepherd. The single claim involved is claim 5 of Shepherd's patent, reading as follows:

"5. A separator for storage cells comprising a thin sheet of insulating material having wear-resisting strips embedded in one face thereof."

Shepherd's application was filed on May 15, 1922, and his patent issued June 3...

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