Smith v. Swaine

Appellant has here appealed from the decision of the Board of Appeals of the United States Patent Office awarding priority of invention to appellee in the two counts of an interference relating to an invention of an insecticide. The counts are as follows:

1. An insecticide containing as its essential active ingredient one of the class of compounds known as xanthones.

2. An insecticide containing as its essential active ingredient xanthone.

The counts correspond to claims of Smith’s application and were copied by Swaine into his application at the suggestion of the examiner. Count 1 is for one of…