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GLADROW v. WEISZ

No. 22536.

354 F.2d 464 (1965)

GLADROW et al., Appellants, v. WEISZ, Appellee.

United States Court of Appeals Fifth Circuit.

December 10, 1965.

Attorney(s) appearing for the Case

Harry McCall, Jr., Chaffe, McCall, Phillips, Burke, Toler & Hopkins, Harry McCall, Jr., New Orleans, La., for Gladrow, and others, Kenyon & Kenyon, New York City, of counsel.

Peter H. Beer, New Orleans, La., Ellsworth H. Mosher, Washington, D. C., Montgomery, Barnett, Brown & Read, New Orleans, La., for Weisz, Stevens, Davis, Miller & Mosher, Washington, D. C., of counsel.

Before HUTCHESON, RIVES and WISDOM, Circuit Judges.

RIVES, Circuit Judge:

This appeal is from an order requiring the production of a page or pages of a certain notebook incident to cross-examination of a witness in a pending proceeding before a board of patent interferences of the United States Patent Office.1

The question to be determined by the board is that of "priority of invention." 35 U.S.C.A. § 135(a). The appellant Gladrow2 was the first...

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