SCHMITT v. BABCOCK

Patent Appeal No. 7667.

377 F.2d 994 (1967)

Josef SCHMITT and Jacques J. Panouse, Appellants, v. John C. BABCOCK and Milton E. Herr, Appellees.

United States Court of Customs and Patent Appeals.

May 25, 1967.


Attorney(s) appearing for the Case

Stevens, Davis, Miller & Mosher, Roger L. Hansel, Washington, D. C., for appellants.

Eugene O. Retter, Kalamazoo, Mich., for appellees.

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


SMITH, Judge.

Babcock and Herr were awarded priority as to the sole count in interference based on a constructive reduction to practice of the invention prior to appellants Schmitt and Panouse. The Board of Patent Interferences denied Schmitt and Panouse's claim to the benefit of the earlier filing date of a French application under 35 U.S.C. § 119. Had the Board found that appellants were entitled to the earlier filing...

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