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WATKINS v. WAKEFIELD

Patent Appeal No. 8488.

443 F.2d 1207 (1971)

Bruce J. WATKINS and Glenn D. Johnson, Appellant, v. Charles E. WAKEFIELD, Jr., Appellee.

United States Court of Customs and Patent Appeals.

July 1, 1971.

Attorney(s) appearing for the Case

C. Russell Hale, Christie, Parker & Hale, Pasadena, Cal., attorney of record, for appellant.

Roderick William MacDonald, Richardson, attorney of record, for appellee. Alan L. Potter, Plumley & Tyner, Washington, D. C., of counsel.

Before RICH, ALMOND, BALDWIN and LANE, Judges, and RE, Judge, United States Customs Court, sitting by designation.

BALDWIN, Judge.

The sole issue in this appeal is whether the Patent Office Board of Interferences was correct in holding that the junior party, appellants Watkins and Johnson, had failed to demonstrate "reasonable diligence" in reducing the subject matter of the involved counts to practice. 35 USC 102(g).

The five counts of this interference were copied by appellant1 from Wakefield's patent.2 They define...

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