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ABBOTT v. SHEPHERD

No. 7903.

135 F.2d 769 (1942)

ABBOTT et al. v. SHEPHERD et al.

United States Court of Appeals for the District of Columbia.

On Rehearing June 25, 1943.

Attorney(s) appearing for the Case

Mr. Robert Cushman, of Boston, Mass., with whom Messrs. Arlon V. Cushman, of Washington, D. C., and Clarence H. Porter, of Boston, Mass., were on the brief, for appellants.

Mr. Harry G. Kimball, with whom Mr. Leslie C. Garnett, both of Washington, D. C., was on the brief, for appellees. Mr. Samuel F. Beach, of Washington, D. C., also entered an appearance for appellees.

Before GRONER, Chief Justice and STEPHENS and RUTLEDGE, Associate Justices.

RUTLEDGE, Associate Justice.

The suit is pursuant to Rev.Stat. § 4915 (1878), 35 U.S.C. § 63 (1940), to obtain letters patent. The only question is priority of invention, which in turn depends upon reduction to practice and diligence. In interference proceedings the Patent Office, through the Board of Appeals, awarded priority to Shepherd,1 although the Examiner of Interferences previously had found in favor of Abbott. The District...

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