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DIAMOND v. WOODYARD

Patent Appeal No. 5729.

186 F.2d 729 (1951)

DIAMOND v. WOODYARD et al.

United States Court of Customs and Patent Appeals.

January 16, 1951.

Attorney(s) appearing for the Case

F. W. Lyle, Ralph H. Swingle and Hymen Diamond, all of East Pittsburgh, Pa., and Gordon S. Parker, Washington, D. C., for appellant.

Thomas M. Ferrill, Jr., New York City, Paul B. Hunter and Herbert H. Thompson, Brooklyn, N. Y., for appellees.

Before GARRETT, Chief Judge, and JACKSON, O'CONNELL, JOHNSON and WORLEY, Judges.

O'CONNELL, Judge.

This is an appeal from the decision of the Board of Interference Examiners of the United States Patent Office awarding to appellees priority of invention of the subject matter defined by counts 5 and 6, which read as follows:

"5. An electric discharge device comprising means for producing a stream of electrical charges, a hollow-body resonator interposed in the path of said stream, a portion of said...

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