Davis R. Dewey, II v. Elliott J. Lawton

SMITH, Judge.

The question to be decided in this appeal is whether appellee Lawton unlawfully concealed his invention within the meaning of 35 U.S.C. § 102(g). Lawton filed his patent application 1 2on January 11, 1955, and was named junior party in an interference involving that application and a patent 2 to appellant Dewey. Dewey’s patent issued on an application 3 which was filed March 18, 1954. Dewey took no testimony and relies upon the filing date of his application as establishing a constructive reduction to practice of the subject matter de fined by the counts. Lawton took testimony…