Skinner v. Pacak

WoRley, Chief Judge.

Skinner and Scott (hereafter Skinner) appeal from the decision of the Board of Patent Interferences awarding priority of a single count in interference No. 95,750 to Pacak. The count originated as claim 9 in Skinner patent No. 3,225,425 1 and was copied in Pacak application serial No. 538,853.2 That application was held entitled, through an intervening application, to the benefit of the November 23, 1959, filing date of application serial No. 854,957, which matured into Pacak patent No. 3,087,531, dated April 30, 1963.

No priority testimony was taken, the sole issue being…