Carl W. Walter v. George R. Ryan

RICH, Judge.

We unleashed this interference nearly seven years ago by our holding in the ex parte appeal, In re Walter, 292 F.2d 547, 48 CCPA 1094 (1961), that Walter’s application contained support for a claim he had copied from Ryan patent 2,704,544, issued March 22, 1955, assigned to Abbott Laboratories, entitled “Venoclysis Equipment.” Walter’s assignee is Fenwal, Incorporated.

The Board of Patent Interferences decision of September 3, 1965, here on appeal, awarded priority of invention to Ryan, the senior party, on the ground that Walter had not proved that he either conceived the…