American MacHine & Foundry Company v. Liggett & Myers Tobacco Company

Appellant, owner of the Bandel patent application on a tobacco sheet, brought a patent interference proceeding against appellee, owner of the Samfield, et al. patent No. 2,708,175. The Patent Office awarded priority of invention to Sam-field, et al. In an attempt to reverse that award appellant filed suit in the district court under 35 U.S.C.A. § 146 (1952). Chief Judge Forman in the district court held that appellant “ * * * failed to prove that Dr. Bandel achieved a reduction to practice of a composition of matter prior to a similar reduction for which application for a patent was filed by…