Schweyer v. Thomas

This is an appeal in an interference proceeding from a decision of the Board of Appeals of the United States Patent Office, awarding priority of invention as to all four counts of the issue to appellee. The interference was declared between appellee’s patent, No. 1693626,. issued December 4, 1928, upon an application filed November 27, 1920, and the application of appellant, Serial No. 698533, filed March 11, 1924. Appellee is, therefore, the junior party, and, if there be an interference in fact between the two applications, ap-pellee’s patent was inadvertently issued.

*872The four counts of the…