Harder v. Hayward

Garrett, Presiding Judge,

delivered tbe opinion of the court:

This is an appeal in an interference proceeding from the decision of the Board of Interference Examiners of the United States Patent Office awarding priority of invention of the. subject matter defined by the counts in issue (Nos. 1 to 6, inclusive) to appellee, Claude D. Hayward.

The interference is between appellants’ patent, No. 2,240,699, issued May 6,1941, on an application filed November 12,1938, and appellee’s application, serial No. 339,096, filed June 6,1940.

In appellee’s involved application it is stated that—

This…