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DAY v. LONG

Patent Appeals Nos. 3449, 3450.

76 F.2d 418 (1935)

DAY v. LONG et al. LONG v. DAY et al.

Court of Customs and Patent Appeals.

April 8, 1935.

Attorney(s) appearing for the Case

Dike, Calver & Gray, of Detroit, Mich. (Elmer J. Gray, of Detroit, Mich., of counsel), for Day.

Swan & Frye, of Detroit, Mich. (George Rex Frye, of Detroit, Mich., of counsel), for Long.

Richey & Watts, of Cleveland, Ohio (H. F. McNenny, of Cleveland, Ohio, of counsel), for Evans.

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

GRAHAM, Presiding Judge.

An interference was declared in the United States Patent Office between the application of Elmer C. Long, filed February 13, 1928, the application of Ray E. Day, filed March 1, 1926, and the application of Gordon E. Evans, filed January 30, 1926. The subject-matter of the interference is described sufficiently for the purposes of this case by count 5, which is as follows:

"5. A piston embodying a cup shaped head, two diametrically...

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