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PAIVINEN v. SANDS

Patent Appeal No. 7226.

339 F.2d 217 (1964)

John O. PAIVINEN, Appellant, v. Eugene A. SANDS, Appellee.

United States Court of Customs and Patent Appeals.

As Corrected February 11, 1965.

Attorney(s) appearing for the Case

Fidler, Bradley, Patnaude & Petherbridge, Chicago, Ill. (Raymond E. Fidler and Charles W. Bradley, Jr., Chicago, Ill., of counsel), for appellant.

Pennie, Edmonds, Morton, Taylor & Adams, New York City (J. Phillip Anderegg, New York City, of counsel), for appellee.

Before RICH, Acting Chief Judge, and MARTIN, SMITH, and ALMOND, Judges, and Judge WILLIAM H. KIRKPATRICK.

SMITH, Judge.

Appellee Sands, the senior party, obtained a patent1 on August 5, 1958, based on an application filed January 30, 1953. The present interference involves this patent and an application2 filed by appellant Paivinen on February 4, 1959.

To establish priority of invention, Paivinen took testimony and introduced other evidence purporting to prove actual reduction to practice of the invention...

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