PAIVINEN v. SANDS

Patent Appeal No. 7803.

399 F.2d 697 (1968)

John O. PAIVINEN, Appellant, v. Eugene A. SANDS, Appellee.

United States Court of Customs and Patent Appeals.

Rehearing Denied November 14, 1968.


Attorney(s) appearing for the Case

Fidler, Bradley & Patnaude Chicago, Ill., (Raymond E. Fidler, Charles W. Bradley, Jr., Chicago, Ill., of counsel), for appellant.

Pennie, Edmonds, Morton, Taylor & Adams, New York City, (J. Philip Anderegg, New York City, of counsel), for appellee.

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


SMITH, Judge.

The issues involved in this appeal concern Paivinen's burden of proof and whether, under the applicable standard, those proofs are sufficient to establish an actual reduction to practice in view of all the evidence submitted by the parties.

Those issues arise on appeal by the party Paivinen, the junior party, from a decision of the Board of Patent Interferences1 awarding...

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