Ferwerda v. Coakwell

McNAMEE, District Judge.

The Complaint alleges that on June 30, 1953 the Board of Interference Examiners in the Patent Office adjudged priority of invention to the defendant. Sixty-two days later, on August 31, 1953, plaintiffs filed this action to authorize the issuance of a patent to plaintiff Ferwerda. Defendant filed a motion to dismiss the Complaint on the ground that the action was filed too late.

Section 146 of Public Law No. 593, 82nd Congress, 35 U.S.C.A. § 146, provides in part:

“Any party to an interference dissatisfied with the decision of the board of patent interferences on the…