Cusano v. Decepoli

JOHNSON, Judge.

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 defined by the single count in issue to appellee, Carmine Decepoli. "

The interference is between appellee’s application, Serial No. 121, 173, filed October 13, 1949, and -appellant’s application, Serial No. 156,914, filed April. 19, 1950. Thus appellant -is the junior party and he has the burden of proof by a preponderance of the evidence. Barnet v. Wied, 195 F.2d 311, 39 C.C.P.A., Patents, 882, and cases therein cited.…