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HAULTAIN v. DE WINDT

Patent Appeal No. 6289.

254 F.2d 141 (1958)

Philip E. HAULTAIN, Appellant, v. Herbert John DE WINDT, Appellee.

United States Court of Customs and Patent Appeals.

April 11, 1958.

Attorney(s) appearing for the Case

Marcus Lothrop, San Francisco, Cal., and Bacon & Thomas, Washington, D. C., for appellant.

Pennie, Edmonds, Morton, Barrows & Taylor, New York City (Merton S. Neill, New York City, and Clarence M. Fisher, Washington, D. C., of counsel), for appellee.

Before JOHNSON, Chief Judge, and O'CONNELL, WORLEY, RICH, and JACKSON, retired, Associate Judges.

RICH, Judge.

This appeal is from the decision of the Board of Patent Interferences in Interference No. 86,827, awarding priority to the junior party DeWindt. The involved applications are DeWindt's "Conveyor Flight Belt," filed May 29, 1953, serial No. 358,482, assigned to the Ton-Tex Corporation, and Haultain's "Cleated Belt" filed June 9, 1952, serial No. 292,472.

The single count involved is as follows:

"A cleated belt comprising a belt web including...

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