Walther v. Vanderveer

This is a motion to dismiss without prej udice an appeal in an interference proceeding from the decision of the Board of Appeals of the United States Patent Office awarding priority of invention to ap-pellee, Jewell W. Vanderveer.

The invention relates to new and useful improvements in metal wheels.

It appears from the record that the involved interference was declared November 22, 1927, between appellant’s application No. 190195, filed May 10, 1927, and appellee’s application No. 168728, filed February 16, 1927. Four counts were involved.

After appellant had submitted his evidence in chief, and…