McCormick v. Malherbe

This is an appeal from a decision of the Board of Appeals of the United States Patent Office in which it, in part, reversed the decision of the Examiner of Interferences and awarded priority of invention defined by counts 2, 5, and 6 to the party Malherbe.

On May 3, 1938, patent No. 2,116,208 issued to Malherbe, on an application filed May 28,1936, and on July 6,1938, McCormick filed his *839application, serial No. 217,657, in which he copied six claims of the Malherbe patent. McCormick based his right to contest priority upon a previously filed application, No. 50,206 of November 16, 1935.…