Koval v. Bodenschatz

Lane, Judge.

This appeal is from the decision of the Board of Patent Interferences awarding the senior party Bodenscha'tz priority of invention as to five counts copied from his patent1 issued March 31, 1964, on an application2 filed July 18,1960. Appellant is involved on his application 3 filed May 18,1962. Appellee took no testimony and relied on his 1960 filing date. Appellant sought to prove conception and actual reduction to practice prior to that filing date. The board found the evidence insufficient. We agree with the 'board that appellant’s tests fail to establish an actual reduction…