74 F.2d 135 | C.C.P.A. | 1934
delivered the opinion of the court:
This is an interference proceeding, originating in the United States Patent Office, and is a companion interference to Altorfer and Dehle v. Haag, 22 C. C. P. A. (Patents) 806, 74 F. (2d) 129 (patent appeals Nos. 3347 and 3348) decided concurrently herewith.
Before the Board of Appeals there were six counts, all of which related to the ring at the bottom of the tub which is provided to prevent the articles being washed from getting under the submerged dolly. In said companion interference, the issues related to the submerged dolly, while in the present interference the issue is concerned only with said ring.
In this court, counts 1 and 4 involved in the appeal were dismissed, leaving for consideration four counts only.
The record in this interference is, in the main, identical with the record in the companion interference, except that Dehle’s record is not before us, he not being a party to the present interference. At the hearing here, it was conceded by the parties that if Altorfer is granted priority of the counts involved in the companion interference, he also, for the same reasons there assigned, should be granted priority of the counts involved here.
In the companion interference, we concluded that Altorfer’s activities with respect to the dolly in 1921 amounted to reduction to practice of the dolly involved in the counts there at issue, and that his subsequent conduct and delay in claiming the invention did not
The decision of the Board of Appeals, awarding priority to Haag in the four counts involved, is reversed. The appeal as to counts 1 and 4 is dismissed.
Leneoot, J., concurs in the conclusion.