Snitzer v. Etzel

LaNE, Judge.

This is an appeal from the decision of the Board of patent interferences awarding priority of invention as to the two counts in issue to the junior party Etzel et al. from whose patent, U.S. Patent No. 3,028,009, issued September 25,1965, on an application filed April 30, 1962, the counts were copied. Appellant is involved on his application1 filed January 16, 1962, as a continuation-in-part of an application 2 filed October 27,1961. Neither party took testimony, and the award of priority rested, therefore, on the sufficiency of senior party appellant’s disclosure to support the…