Pinkerton v. Stahly

Pinkerton and Mendius, the junior party, have here appealed from a decision of the Board of Interference Examiners of the United States Patent Office in an interference proceeding, awarding to Stahly and Hattox, the senior party, priority of the invention defined in count 2 (the only count at issue here). The interference is between appellants’ patent No. 2,233,144 granted February 25, 1941, on an application filed October 19, 1939, and appellees’ application, Serial No. 248,423, filed December 30, 1938. Appellants being the junior party, the burden was upon them to prove priority by a…