Commonwealth of Australia v. Radio Corporation of America

WATERMAN, Circuit Judge:

The sole issue before the court on this appeal is whether the district court below was correct in holding that the civil action brought pursuant to 35 U.S.C. § 146 by appellant as a party dissatisfied with a decision of the Board of Patent Interferences on the question of priority, was commenced out of time under the terms of Section 146. In so holding the court granted appellee’s motions for dismissal under Fed.R.Civ.P. 12(b) and for summary judgment under Fed.R. Civ.P. 56. We reverse and remand to the district court for further proceedings.

On September 11, 1962, a…