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FERREE v. SHEPHARD

Patent Appeal No. 8217.

384 F.2d 1019 (1967)

Roy E. FERREE, Appellant, v. Harry D. SHEPHARD, Jr. and Pearl Thelma Griffiths, Administratrix of the Estate of Norman J. Griffiths, Appellees.

United States Court of Customs and Patent Appeals.

Rehearing Denied December 14, 1967.

Attorney(s) appearing for the Case

William J. Ruano, Pittsburgh, Pa., for appellant.

William A. Smith, Jr., Washington, D. C., and C. Frederick Leydig, Jr., John L. Parker, Gerald Rose and Wolfe, Hubbard, Voit & Osann, Chicago, Ill., for appellees.

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

PER CURIAM.

Appellees' motion to dismiss this appeal turns on the single issue of whether appellant's reasons of appeal are sufficient under 35 U.S.C. § 142 to raise an appealable issue within the limited statutory jurisdiction of this court. More specifically, the issue is whether appellant's reasons of appeal raise any issue other than the patentability of the counts. The issue arises in a contested interference action.1

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