Mengue v. Fuerst

On April 6, 1933, the appellant filed an application for patent in the United States Patent Office on an alleged new, original, and ornamental design for a bottle. On April 10, 1933, the appellee, Edwin W. Fuerst, also filed in that office an application for a design for a bottle. While there are some slight differences, it is conceded by the parties that the designs are, for all practical purposes, identical. Thereupon an interference was declared in the office between said applications. The appellant, being the senior party, relied upon his application for proof of conception and reduction…