267 F. 340 | D.D.C. | 1920
Blaine appeals from an award of priority against him in an interference proceeding. The invention involved relates to a sheet-guide adjustment on a printing press. We do not think it necessary to set out any of the counts of the issue, in view of the manner in which we think the matter should be disposed of. Blaine moved to dissolve the interference on the ground that count 1 was unpatentable, in view of the prior art, and that the party, White, had no right to make count 2 of the issue. This motion was overruled by the law examiner. White’s motion to amend by adding seven counts was sustained. Blaine failed to file a preliminary statement as to these counts. He took no testimony touching the original counts, but stood on the record as to them. lie was the junior party. Judgment of priority went against him as to all the counts. Afterward he filed several motions in the Office, all of which were denied. On appeal from the decision of the Examiner of Interferences, he was defeated before the Board of Examiners, and their action was affirmed by the First Assistant Commissioner.
There is nothing in Podlesak v. Mclnnerney, 26 App. D. C. 399, requiring a different conclusion. It was there ruled that, if a certain course was followed in construing the claims, it might be found that there was no interference in fact, and the court sent the matter back to the Patent Office “for further consideration as to the identity of invention.” Between this and what was held in the instant case we perceive no conflict.
For the reasons stated, the decision of the Patent Office is affirmed, and priority is awarded to Joseph White, the senior party.
Affirmed.