Hopkins v. Peters
Court of Appeals for the D.C. Circuit
Hearing on appeals from two decisions of the Commissioner of Patents in separate interference proceedings. The Court in the opinion stated the facts as follows: This is an appeal from two decisions of the Commissioner of Patents in separate interference proceedings embraced within a single record.
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Hearing on appeals from two decisions of the Commissioner of Patents in separate interference proceedings. The Court in the opinion stated the facts as follows: This is an appeal from two decisions of the Commissioner of Patents in separate interference proceedings embraced within a single record. Appeal No. 872 is an interference wherein the party Heber C. Peters appeals from a decision of the Commissioner of Patents awarding priority of invention to the party Hubert Hopkins. The issue of the interference is in ten counts, but the following sufficiently illustrate the nature of the…
1Opinion of the CourtJustice Van Orsdel
We will first consider the tri-party interference. Dement took no testimony, and relies upon the date of filing his application, January 9, 1904, for constructive reduction to practice, Peters alleges conception of the invention on January 1, 1904, and disclosure February 11, 1904. He filed his application April 14, 1905. Hopkins claims conception and disclosure in October, 1902, and reduction to practice December 1, 1908. His application here in interference was filed April 9, 190G, and, for convenience, will hereafter be referred to as “Application No. 4.” Hopkins had filed three prior…
2Cited by1 opinion
- Samuel S. Kistler v. Neill WeberCourt of Customs and Patent Appeals · 1969