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BLICKSTEIN v. SEIDEN

Patent Appeal No. 7773.

378 F.2d 988 (1967)

Martin J. BLICKSTEIN and Martin A. Mittler, Appellants, v. Hugo SEIDEN, Appellee.

United States Court of Customs and Patent Appeals.

June 22, 1967.

Attorney(s) appearing for the Case

Burgess, Dinklage & Sprung, Arnold Sprung, New York City, for appellants.

Ostrolenk, Faber, Gerg & Soffen, Samuel H. Weiner, New York City, for appellant.

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

WORLEY, Chief Judge.

The controlling issue in this appeal from the Board of Patent Interferences is whether Seiden, senior party by virtue of his March 29, 1962, filing date, has satisfactorily proved an actual reduction to practice of the instant invention prior to December 20, 1961. That is the earliest date asserted in the preliminary statement of Blickstein and Mittler (Blickstein), the junior party by virtue of their May 31, 1962, filing date. From our review...

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