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WOLTER v. BELICKA

Patent Appeal No. 8038.

409 F.2d 255 (1969)

Gilbert R. WOLTER, Alfred F. Ernstberger and Frederick J. Ritter, Appellants, v. Michael E. BELICKA, Robert J. Kenny and Rodney Longin, Appellee.

United States Court of Customs and Patent Appeals.

April 17, 1969.

Attorney(s) appearing for the Case

George R. Clark, Mason, Kolehmainen, Rathburn & Wyss, Walter Lewis, Walther E. Wyss, M. Hudson Rathburn, Chicago, Ill., attorneys of record, for appellants.

Watson, Leavenworth, Kelton & Taggart, Elmer R. Helferich, New York City, for appellees; Thomas C. Betts, New York City, of counsel.

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

WORLEY, Chief Judge.

The issue here is whether Wolter, Ernstberger and Ritter (Wolter) have proved beyond a reasonable doubt1 that there was a successful reduction to practice of their invention before the July 18, 1961 filing date of patent No. 3,101,505 of the senior party Belicka, Kenny and Longin (Belicka). The Board of Patent Interferences found that Wolter had not discharged his burden of proof and awarded priority to Belicka...

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