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SMITH v. LANE

Patent Appeal No. 6191.

233 F.2d 621 (1956)

Malcolm Kent SMITH, Appellant, v. Frank Wesley LANE, Appellee.

United States Court of Customs and Patent Appeals.

Rehearing Denied June 15, 1956.

Attorney(s) appearing for the Case

Darby & Darby, New York City (Harvey W. Mortimer, New York City, Bacon & Thomas, and Wm. Wallace Cochran, Washington, D. C., of counsel), for appellant.

John P. Hancock and A. Newton Huff, Wilmington, Del. (S. Brownell, Jr., Wilmington, Del., of counsel), for appellee.

Before JOHNSON, Acting Chief Judge, and WORLEY and JACKSON (retired), Associate Judges.

JOHNSON, Acting Chief Judge.

This is an appeal by Malcolm Kent Smith from the decision of the Board of Patent Interferences of the United States Patent Office awarding priority of invention to the party Frank Wesley Lane in interference No. 86,346, which involved Lane's patent No. 2,580,931, issued January 1, 1952, and Smith's patent application, serial No. 283,645, filed April 22, 1952.

There are five counts on appeal. These counts relate to a process for...

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