Muller v. Olin Mathieson Chemical Corp.

LEVET, District Judge.

The present motion arises in an action under 35 U.S.C. § 146 to reconsider a decision of the Board of Patent Interferences adverse to the plaintiff Paul A. Muller in a two-party interference proceeding, No. 92,755. The interference was between plaintiff’s application Serial No. 841,919 and defendant’s patent 2-954,036. The count of the interference is a claim copied by plaintiff from defendant’s patent.

Plaintiff’s application was awarded the benefit of the filing date of his prior patent application Serial No. 502,016, filed April 18, 1955. Defendant’s filing date was…