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SWAIN v. MALLORY

Patent Appeal No. 7110.

329 F.2d 982 (1964)

Charles B. SWAIN and Albert G. Schuessler, Appellants, v. Harvey E. MALLORY, Appellee.

United States Court of Customs and Patent Appeals.

Rehearing Denied June 2, 1964.

Attorney(s) appearing for the Case

Roy G. Story, Chicago, Ill. (Charles E. Bouton, Chicago, Ill., of counsel), for appellants.

Albert W. Bicknell, Hibben, Noyes & Bicknell, Chicago, Ill., Leo A. Rosetta, Washington, D. C., for appellee.

Before WORLEY, Chief Judge, and RICH, MARTIN, SMITH, and ALMOND, Judges.

MARTIN, Judge.

This appeal is from the decision of the Board of Patent Interferences which awarded priority of invention to junior party Mallory in Interference No. 90,050. That interference involves an application serial No. 586,361, filed May 22, 1956 by the senior party, Swain et al., and application serial No. 591,288, filed June 14, 1956 by the junior party, Mallory.1

The invention relates to a method of drilling oil or gas...

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