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LINKOW v. LINKOW

Patent Appeal No. 74-597.

517 F.2d 1370 (1975)

Leonard I. LINKOW, Appellant, v. Leonard I. LINKOW and Alfred E. Edelman, Appellees.

United States Court of Customs and Patent Appeals.

Rehearing Denied September 4, 1975.

Attorney(s) appearing for the Case

Harold James, James & Franklin, P. C., New York City, attorney of record, for appellant.

William W. Schwarze, Ronald L. Panitch, Seidel, Gonda & Goldhammer, P. C., Philadelphia, Pa., attorneys of record, for appellee.

Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Judges.

MILLER, Judge.

This is an appeal by the senior party, Linkow, from the decision of the Board of Patent Interferences1 awarding "priority" to the junior party, Linkow and Edelman. Under the unusual facts of this case, the issue of "priority" turns on the question of who conceived the invention. Burden of proof was on the junior party. We reverse.

BACKGROUND

The interference involves...

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