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FANG v. HANKINS

Patent Appeal No. 7906.

399 F.2d 262 (1968)

James C. FANG, Appellant, v. Elinor M. HANKINS and William D. Emmons, Appellees.

United States Court of Customs and Patent Appeals.

July 18, 1968.

Attorney(s) appearing for the Case

Raymond E. Blomstedt, A. Newton Huff, James T. Corle, Wilmington, Del., (Frederick Schafer, Washington, D. C., of counsel) for appellant.

John F. Bergin, Carl A. Castellan, John C. Martin, Jr., Philadelphia, Pa., (Fidelman & Wolffe, Washington, D. C., of counsel) Alvin M. Esterlitz, Philadelphia, Pa., for appellees.

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

WORLEY, Chief Judge.

Fang appeals from the decision of the Board of Patent Interferences, which awarded to the senior party, Hankins and Emmons (Hankins), priority of invention of the subject matter of thirteen counts corresponding to claims 1-5, 7, 9, 10, 12, 14, 15, 17 and 19 of the Hankins patent.1 Because Fang filed his application after the Hankins patent issued, he has the burden of proving priority beyond a reasonable doubt. Conner...

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