Frederick C. Ochsner and Edwin A. Miller v. Walter R. Millis

WEINMAN, District Judge.

Frederick C. Ochsner and Edwin A. Miller are the junior parties in an interference proceeding now pending in the patent office; Walter R. Millis is the senior party. In that proceeding, where the ultimate question to be determined by the board of patent interferences is “priority of invention” [35 U.S.C.A. § 135 (a)], it is the contention of the junior parties that the senior party first learned of the specific subject matter of the interference from the junior parties and later encompassed the development in an application for patent although it was not specifically…