BALL v. HODGSON

Patent Appeal No. 4579.

129 F.2d 343 (1942)

BALL v. HODGSON et al.

Court of Customs and Patent Appeals.

Rehearing Denied July 3, 1942.


Attorney(s) appearing for the Case

Henry E. Stauffer, of Washington, D. C. (Arthur Middleton, of New York City, and Henry B. Stauffer, of Washington, D. C., of counsel), for appellant.

Frank H. Hubbard, of Milwaukee, Wis. (W. C. Lyon, of Milwaukee, Wis., of counsel), for appellees.

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


JACKSON, Judge.

This is an appeal, in an interference proceeding, by the senior party Ball from a decision of the Board of Appeals of the United States Patent Office. The Examiner of Interferences awarded to appellees priority of invention of the subject matter defined in all of the counts, 1, 2, 3, 4 and 5, and held that they were the first to conceive the invention and reduce it to practice and also that even if appellant were assumed to be the first to conceive...

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