Lewis E. Walkup v. Harold G. Greig

SMITH, Judge, with whom RICH, Judge, joins

(dissenting).

The majority opinion seems to depart from the established legal principles regarding what is necessary for an inventor to prove in order to establish a reduction to practice. In the majority opinion this departure is somewhat obscured by and confused with the question of the burden of proof which must be met by a junior party. Here certain facts are well established by a clear preponderance of the evidence. The record establishes that during the period between August 25 and September 5, 1950, certain tests were run by Carlton under…