Wetmore v. Miller

MARKEY, Chief Judge.

This appeal is from the decision of the Board of Patent Interferences in interference No. 96,363, awarding priority as to its two counts to Miller, the senior party. Appellant provoked the interference by copying in his application serial No. 499,923, filed October 21, 1965,1 two claims from appellee’s patent No. 3,247,-315, issued April 19, 1966 on an application filed April 27, 1962. The board resolved the case on the basis of ancillary matters raised by appellee’s motion to dissolve. It ruled that appellant was barred from making count 1 by 35 U.S.C. § 135 because he…