Horace S. Daley and Lawrence J. Talarico v. Arthur J. Wiltshire

RICH, Judge.

This appeal is from the decision of the Board of Patent Interferences awarding priority to Wiltshire on two grounds: (1) that Daley et al. could not make the count in interference and (2) that Daley et al. derived the invention in issue from Wiltshire.

Wiltshire, the junior party, appellee here, was employed by Apex Electrical Manufacturing Company (hereinafter called Apex) to whom the application involved was first assigned, a later assignment being to the White Sewing Machine Company which purchased Apex in 1956. Wiltshire’s application, Ser. No. 362,898, filed June 19, 1953, is…