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PELZER v. WEAVER

Patent Appeal No. 3979.

97 F.2d 166 (1938)

PELZER v. WEAVER.

Court of Customs and Patent Appeals.

June 6, 1938.

Attorney(s) appearing for the Case

Pennie, Davis, Marvin & Edmonds, of New York City (Daniel V. Mahoney and Louis D. Forward, both of New York City, Clarence M. Fisher, of Washington, D. C., and Raymond F. Adams, of New York City, of counsel), for appellant.

Thomas E. Scofield, of Kansas City, Mo. (H. L. Shenier, of Kansas City, Mo., of counsel), for appellee.

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

HATFIELD, Associate Judge.

This is an appeal in an interference proceeding from the decision of the Board of Appeals of the United States Patent Office affirming the decision of the Examiner of Interferences awarding priority of invention of the subject matter defined in the single count in issue to Joseph B. Weaver, appellee.

The invention relates to a process of heating oil by means of furnace gases, as set forth in the count in issue which reads as follows...

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