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BRAY v. TEARS

Patent Appeals No. 4093.

102 F.2d 877 (1939)

BRAY et al. v. TEARS.

Court of Customs and Patent Appeals.

April 10, 1939.

Attorney(s) appearing for the Case

Edward B. Beale, of Washington, D. C. (Philip Subkow, of Los Angeles, Cal., of counsel), for appellants.

Philip S. McLean, of New York City, for appellee.

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

LENROOT, Associate Judge.

This is an interference proceeding wherein the Board of Appeals of the United States Patent Office awarded priority of invention to appellee with respect to the single count in issue, reversing the decision of the Examiner of Interferences which awarded priority of invention to appellants.

The count reads as follows: "1. A process for treating lubricating oil which includes diluting the lubricating oil with a normally gaseous liquefied...

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