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GOLDSMITH v. VON MIHALY

Patent Appeal No. 3812.

90 F.2d 359 (1937)

GOLDSMITH v. VON MIHALY.

Court of Customs and Patent Appeals.

June 7, 1937.

Attorney(s) appearing for the Case

Harry G. Grover, of New York City, and Samuel B. Smith, of Washington, D. C., for appellant.

Robert E. Barry, of Washington, D. C., for appellee.

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

GARRETT, Associate Judge.

This appeal brings before us for review a decision of the Board of Appeals of the United States Patent Office affirming the decision of the Examiner of Interferences awarding priority to appellee upon two counts involved in an interference declared between a patent to Goldsmith, hereinafter referred to as appellant, and an application of Von Mihaly, hereinafter referred to as appellee. The counts read:

"1. In combination, a scanning...

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