King v. Young

This is an appeal in an interference proceeding wherein a single count forms the issue. The Examiner of Interferences awarded priority of invention to appellant. The Board of Appeals reversed this decision and awarded priority to appellee. From such decision appellant took this appeal.

The interference arises between an application of appellant filed on October 16, 1933, and an application of appellee filed on May 28, 1934. Appellee being the junior party, the burden was upon him to establish priority of invention by a preponderance of the evidence.

The count in issue reads as follows:

1. In…