Richard C. Loshbough v. Kenneth C. Allen

In this appeal from the Board of Patent Interferences appellant moves to remand and return jurisdiction to the Patent Office and order the Commissioner to consider, on its merits, the motion filed by appellee, Allen, before the Board of Patent Interferences to amend and suspend the interference. The issue in the pending appeal is whether the board erred in awarding priority as to counts 1 through 5 to Allen.

The facts pertinent to our decision on appellant’s motion to remand are as follows. Following the decision of the Board of Patent Interferences on October 29, 1965, and 4 days before…