Buck v. Desvignes

RICH, Judge.

This appeal is from the decision of the Board of Patent Interferences awarding priority to Desvignes. The sole issue is Desvignes’ right to make count 2. We affirm.

Buck et al. (Buck) filed no preliminary statement and are limited to the filing date of December 29, 1966, of Patent No. 3,403,284. Desvignes copied the count from the Buck patent into an application to reissue patent No. 3,322,955 which was awarded a convention date of December 24, 1959. The question is whether Desvignes' disclosure supports the count. On Buck’s motion to dissolve on the ground Desvignes had no right…