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DEWEY v. LAWTON

Patent Appeal No. 7339.

347 F.2d 629 (1965)

Davis R. DEWEY, II, Appellant, v. Elliott J. LAWTON, Appellee.

United States Court of Customs and Patent Appeals.

July 1, 1965.

Attorney(s) appearing for the Case

Dos T. Hatfield, Washington, D. C., Henry C. Nields, Burlington, Mass., for appellant.

Harry L. Kirkpatrick, Boston, Mass. (A. Cohen, Robert S. Friedman, Waterford, N. Y., Frank L. Neuhauser, Washington, D. C., of counsel) for appellee.

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

SMITH, Judge.

The question to be decided in this appeal is whether appellee Lawton unlawfully concealed his invention within the meaning of 35 U.S.C. § 102(g). Lawton filed his patent application1 on January 11, 1955, and was named junior party in an interference involving that application and a patent2 to appellant Dewey. Dewey's patent issued on an application3 which was...

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