Edward Fredkin v. Eugene H. Irasek

WORLEY, Chief Judge.

Fredkin appeals from the decision of the Board of Patent Interferences awarding Irasek priority of invention in an interference between Fredkin patent No. 3,105,593 1 and an Irasek application. 2 Fredkin, as the junior party, has the burden of proving his case by a preponderance of the evidence.

The interference 'involves five counts corresponding to claims 1-5 of the Fredkin patent. The issues include whether the board erred in holding that the evidence Fredkin relies on to prove conception as to all the counts, and reduction to practice as to counts 1, 2 and 5, prior to…