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PAYNE v. HURLEY

Patent Appeal No. 3310.

71 F.2d 208 (1934)

PAYNE v. HURLEY.

Court of Customs and Patent Appeals.

June 12, 1934.

Attorney(s) appearing for the Case

Harry A. Yerkes, Jr., of New York City (Lee B. Kemon, of Washington, D. C., of counsel), for appellant.

Border Bowman, of New York City (Nathan, Bowman & Helferich, of New York City, of counsel), for appellee.

Before GRAHAM, Presiding Judge, and BLAND, GARRETT, and LENROOT, Associate Judges.

GRAHAM, Presiding Judge.

An interference was declared between a patent issued to the appellant, Hugh F. Payne, No. 1,793,130, issued upon an application, No. 448,893, filed May 1, 1930, and an application of the appellee, Roy T. Hurley, Serial No. 435,461, filed March 13, 1930, for a similar invention.

The subject-matter of the invention is expressed in one count which is as follows: "In a spark plug, the combination of a body piece having a central opening...

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