Heidbrink v. McKesson

HICKENLOOPER, Circuit Judge.

A patent having theretofore issued to plaintiff-appellant, certain claims therein were placed in interference with the chums of defendant-appellee’s then pending application. Priority was awarded defendant-appellee, and this decision was affirmed by the Board of Appeals. No appeal was thereupon prosecuted to the Court of Customs and Patent Appeals, but, instead of so appealing, plaintiff-appellant instituted this action in the District Court, claiming the right' to do so by virtue of Rev. St. § 4915 (35 U. S. C. § 63 [35 USCA § 63])1 as it is contended such section…