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BOYCE v. ANDERSON

Nos. 26308, 22163.

451 F.2d 818 (1971)

John BOYCE, an individual, and FMC Corporation, a corporation, Appellees, v. Earl R. ANDERSON, an individual, and Filper Corporation, a corporation, Appellants. John BOYCE, an individual, and FMC Corporation, a corporation, Appellants, v. Earl R. ANDERSON, an individual, and Filper Corporation, a corporation, Appellees.

United States Court of Appeals, Ninth Circuit.

November 12, 1971.

Attorney(s) appearing for the Case

Dirks B. Foster (argued), Thomas E. Ciotti, of Boyken, Mohler, Foster & Schwab, San Francisco, Cal., for Earl R. Anderson, etc.

Lewis E. Lyon (argued), of Lyon & Lyon, Los Angeles, Cal., for John Boyce, etc.

Before HAMLEY and BROWNING, Circuit Judges, and THOMPSON, District Judge.

HAMLEY, Circuit Judge:

This case originated in the United States Patent Office as an interference between competing applicants for a patent on the same invention. At issue is the priority of invention of a method of pitting peaches as conceived by John A. Boyce and, separately, by Earl R. Anderson.

The board of patent interferences awarded priority to Anderson. Boyce and his assignee, FMC Corporation, being dissatisfied with the decision of the board, then...

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