Samuel Storchheim v. T. Stevens Daugherty

ALMOND, Judge.

This appeal is from the decision of the Patent Office Board of Patent Interferences in an interference1 involving appellant’s continuation-in-part application2 of an earlier filed parent application 3 and appellee’s patent,4 awarding priority to the patentee Daugherty.

The invention involved relates to a process for forming aluminum sheet, or the like, by passing preheated aluminum particles between a pair of nip rolls. Claim 11 of the Daugherty patent, which forms the sole count of the interference, reads as follows:

The method of making a continuous length of aluminous metal,…