Brogden v. Henry

Appellants have here appealed from the decision of the Board of Appeals of the United States Patent Office, affirming that of the Examiner of Interferences, awarding priority of invention in the subject matter of the four counts involved to appellee Henry. Broadly speaking, the invention in issue relates to the removal from fruits and vegetables of the residual poisons adhering thereto which result from spraying the tree or plant during the growing season with such fungicides or insecticides as arsenical compounds, which are toxic to human beings.

The four counts involved are as follows:

1. In…