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HESTON v. KUHLKE

No. 10935.

179 F.2d 222 (1950)

HESTON et al. v. KUHLKE et al.

United States Court of Appeals Sixth Circuit.

January 16, 1950.

Attorney(s) appearing for the Case

O. C. Limbach, and John F. Oberlin, Cleveland, Ohio; John C. Frank, Akron, Ohio, L. M. Buckingham, Akron, Ohio, on brief, for appellants.

Albert L. Ely, Akron, Ohio; Ely & Frye, Akron, Ohio, Albert L. Ely, Jr., Cleveland, Ohio, Wise, Roetzel, Maxon, Kelly & Andress, Cletus G. Roetzel, Akron, Ohio, on brief, for appellees.

Before HICKS, Chief Judge and SIMONS and MARTIN, Circuit Judges.

SIMONS, Circuit Judge.

The cause is one begun by Heston seeking a patent under § 4915, R.S., Title 35 U.S.C.A. § 63, as an unsuccessful party to interference proceedings in the Patent Office, numbered 78936, 78937, 77479 and 78938. National Rubber Machinery Company is assignee of Heston and both urge Heston's priority of conception and constructive reduction to practice of inventions covered by claims granted in the Patent Office to the appellees Kuhlke...

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