George B. Spero v. Howard J. Ringold and George Rosenkranz

SMITH, Judge.

This appeal is from a decision of the Board of Patent Interferences awarding priority of invention to appellees Ringold et al., the senior party, hereinafter “Ring-old.” 1 The sole count in issue was suggested by the examiner to the parties for the purposes of the interference.

The subject matter in issue is best illustrated by the count which reads:

1

wherein R is selected from the group consisting of hydrogen and lower acyl.

It will be seen that the count reads on 6a-methyl-17a-hydroxy progesterone and its lower fatty acid esters and it will be helpful to note at this time that the…