Alvin L. Breen and Herbert G. Lauterbach v. Alfred Richmond, Robert Albert King and Alexander Henderson Gentle

SMITH, Judge.

The Board of Patent Interferences awarded priority to Richmond et al. (hereafter Richmond), and Breen et al. (hereafter Breen) appealed. Two principal issues are before us for determination. (1) Was Richmond’s motion to shift the burden of proof properly granted? (2) If the first issue is resolved in favor of Richmond, did Breen establish an actual reduction to practice prior to the date accorded to Richmond for a constructive reduction to practice?

The interference was declared as to common subject matter in two pending applications. Claim 23, which became the single count…