Hsing T. Huang v. Lee C. Cheney

SMITH, Judge.

This is an appeal by junior party Huang from the decision of the Board of Patent Interferences awarding priority to senior party Cheney. 1 The sole issue here for review is priority of inventor-ship.

The subject matter in issue relates to a chemical composition, a synthetic penicillin realized by an acylation technique wherein 6-aminopenicillanic acid, hereafter “6-APA,” is coupled with alpha-phenoxypropionic acid. The single count involved reads as follows:

Count

A member selected from the group consisting of an acid of the formula

wherein R is (lower) alkyl and its sodium salt and…