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BAINBRIDGE v. WALTON

Patent Appeals No. 4141.

104 F.2d 808 (1939)

BAINBRIDGE v. WALTON.

Court of Customs and Patent Appeals.

June 26, 1939.

Attorney(s) appearing for the Case

Harry E. Dunham, of Schenectady, N. Y., and Harry G. Grover and Samuel B. Smith, both of New York City, for appellant.

Cushman, Darby & Cushman, of Washington, D. C. (Arlon V. Cushman and Rodger D. Gessford, both of Washington, D. C., of counsel), for appellee.

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

HATFIELD, Associate Judge.

This is an appeal 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 five counts in issue to appellee, George William Walton.

The invention relates to photo-electric tubes, and, for the purpose of this decision, is sufficiently described in the counts in issue, of which count 1 is illustrative...

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