Roy E. Ferree v. Harry D. Shephard, Jr. And Pearl Thelma Griffiths, Administratrix of the Estate of Norman J. Griffiths

Appellees’ motion to dismiss this appeal turns on the single issue of whether appellant’s reasons of appeal are sufficient under 35 U.S.C. § 142 to raise an appealable issue within the limited statutory jurisdiction of this court. More specifically, the issue is whether appellant’s reasons of appeal raise any issue other than the patentability of the counts. The issue arises in a contested interference action. 1

The jurisdiction of the Board of Patent Interferences in this proceeding was limited to a determination of the question of priority of invention, 35 U.S.C. § 135, and our jurisdiction…