Young Et Al. v. Orville H. Bullitt, Jr.

This is an appeal from the decision of the Board of Patent Interferences of the United States Patent Office awarding priority of invention of the subject matter to the senior party Bullitt, appellee here. The interfering subject matter is defined in the single count as follows:

A fluorinated acyl peroxide having the formula

Bullitt is a patentee, but since the application of the junior party, Young and Stoops, was copending with that on which Bullitt’s patent was granted, Young and Stoops have the burden of proving their case by a preponderance of the evidence.

Bullitt did not take testimony and…