Ball v. Barnhurst
Court of Appeals for the D.C. Circuit
Appeal from the Commissioner of Patents. Interference proceeding between Herman F. Ball and Henry G. Barnhurst, administrator of the estate of Plenry R. Barnhurst, deceased, and others. From a decision of the Commissioner of Patents, awarding priority to Barnhurst and others, Ball appeals.
1Opinion of the Court
SMYTH, Chief Justice.
This interference relates to an apparatus for burning pulverized fuel in boiler furnaces. Ball is the senior party, having filed in August, 1913, while the appellees, whom we shall refer to herein as Barnhurst, did not file until March, 1914. A patent issued to Ball while the applications were copending. Ball took no testimony, and is therefore restricted to his filing date. The three tribunals of the Patent Office concurred in holding that Barnhurst conceived the invention as early as July, 1913. It was stipulated by the parties that there was no lack of diligence on his…
2Cases cited3 opinions
- Chapman v. WintroathSupreme Court of the United States · 1920
- Greenawalt v. DwightCourt of Appeals for the D.C. Circuit · 1919
- Hopkins v. RieggerCourt of Appeals for the D.C. Circuit · 1920
3Cited by3 opinions
- Smiths America Corp. v. Bendix Aviation Corp.District Court, District of Columbia · 1956
- Ruth v. GrochCourt of Appeals for the D.C. Circuit · 1922
- Dunham v. DysonCourt of Appeals for the D.C. Circuit · 1921