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LONG v. YOUNG

Patent Appeal No. 5233.

159 F.2d 766 (1947)

LONG v. YOUNG.

Court of Customs and Patent Appeals.

February 11, 1947.

Attorney(s) appearing for the Case

Nelson J. Jewett, of Washington, D. C., for appellant.

Lewis E. Lyon, of Los Angeles, Cal. (Stephen W. Blore, of Washington, D. C., of counsel), for appellee.

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

BLAND, Associate Judge.

Appellant, Long, has here appealed from the decision of the Board of Interference Examiners of the United States Patent Office awarding appellee, Young, priority of invention defined by three counts which are claims in appellant's patent copied by Young for interference purposes. Although Long's patent issued while Young's application was pending, Young is the senior party.

Neither party took testimony, and upon Long's being required...

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