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SCHWAB v. PITTMAN

Patent Appeal No. 8542.

451 F.2d 637 (1971)

Helmut SCHWAB and Stanley E. Beale, Appellants, v. Robert B. PITTMAN, Appellee.

United States Court of Customs and Patent Appeals.

December 9, 1971.

Attorney(s) appearing for the Case

Edward J. DaRin, Pasadena, Cal. (Christie, Parker & Hale), Pasadena, Cal., attorneys of record, for appellants.

Harold James, New York City (James & Franklin), New York City, for appellee.

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

BALDWIN, Judge.

This appeal is from the decision of the Board of Patent Interferences, adhered to on reconsideration, awarding priority to Pittman, the senior party, in accordance with the summary judgment provisions of Patent Office Rule 228.

The single count in issue corresponds to an immaterial modification of claim 15 of Pittman's patent.1 The count, as itemized by appellants, reads as follows:

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