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UNITED STATES v. SZUECS

No. 13410.

240 F.2d 886 (1957)

UNITED STATES of America, as Represented by Ezra Taft Benson, Secretary of Agriculture, Appellant, v. Joseph SZUECS, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided January 10, 1957.

Attorney(s) appearing for the Case

Mr. E. R. Weisbender, Atty., Dept. of Justice, with whom Asst. Atty. Gen., George Cochran Doub and Messrs. Oliver Gasch, U. S. Atty., Melvin Richter, and Albert K. Geer, Attys., Dept. of Justice, were on the brief, for appellant. Mr. Lewis Carroll, Asst. U. S. Atty., also entered an appearance for appellant.

Mr. Delavan Smith, New York City, of the Bar of the Court of Appeals of New York, pro hac vice, by special leave of Court, with whom Mr. Richard P. Schulze, Washington, D. C., was on the brief, for appellee.

Before PRETTYMAN, FAHY and DANAHER, Circuit Judges.

FAHY, Circuit Judge.

The United States, as represented by Ezra Taft Benson, Secretary of Agriculture, appeals from a judgment of the District Court ordering the Commissioner of Patents to issue to Joseph Szuecs, appellee, letters patent on his application filed in the Patent Office on April 19, 1948, Serial No. 21,845, describing a certain process for growing mushroom mycelium. Appellant is the assignor of one Harry Humfeld. It contends that Humfeld had priority by...

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