Applegarth v. Wilson

This is an appeal by Applegarth, the junior party, from an award of priority of invention to Wilson in a decision of the Board of Inter*1269ference Examiners of the United States Patent Office. The award included all the counts in issue and was made on the ground that appellant’s proofs failed to establish actual reduction to practice prior to Wilson’s filing date or that appellant was exercising reasonable diligence during the critical period.

The interference involves appellant’s application, Serial No. 452,252 filed July 24, 1942, and appellee’s application, Serial No. 262,146, filed March…