Mas v. Root

This appeal is an interference case between two copending applications for a patent for a design for a bottle.

*820Each, of the lower tribunals assumed without deciding that the appellant was the first to conceive (about 1920) the subject matter of the count which reads “the ornamental design for a bottle as shown.” Both of the lower tribunals held that Boot made his invention in July 1923, and that it was not necessary for them to determine the date upon which Boot actually manufactured a bottle. Boot claims August 10, 1923, as his date for reduction to practice. Boot filed his application in the…