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APPLEGARTH v. WILSON

Patent Appeal No. 5136.

156 F.2d 373 (1946)

APPLEGARTH v. WILSON.

Court of Customs and Patent Appeals.

July 9, 1946.

Attorney(s) appearing for the Case

Howson & Howson, of Philadelphia, Pa. (Dexter N. Shaw and Fordyce A. Bothwell, both of Philadelphia, Pa., and William A. Smith, Jr., of Washington, D. C., of counsel), for appellant.

Harry C. Page, of New York City (F. W. Crotty, and P. E. Henninger, of Washington, D. C., of counsel), for appellee.

Before GARRETT, Presiding Judge, and BLAND, HATFIELD, JACKSON, and O'CONNELL, Associate Judges.

O'CONNELL, Associate Judge.

This is an appeal by Applegarth, the junior party, from an award of priority of invention to Wilson in a decision of the Board of Interference Examiners of the United States Patent Office. The award included all the counts in issue and was made on the ground that appellant's proofs failed to establish actual reduction to practice prior to Wilson's filing date or that appellant was exercising reasonable diligence during the critical period...

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