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29 F.2d 1019

Docket Patent Appeal No. 2080.

Beatty v. Ronning

District of Columbia Circuit Court of Appeals

Submitted November 13, 1928.

Decided December 3, 1928.

District of Columbia Circuit Court of Appeals · decided 1928-12-03

2 counsel of record

Decided 1928-12-03

¶1A. E. Carlsen, of Minneapolis, Minn., for appellee.

¶2Interference No. 52,654. Subject-Matter : Traction Implements.

¶3Before MARTIN, Chief Justice, and ROBB and VAN ORSDEL, Associate Justices.

¶4ROBB, Associate Justice.

¶5Appeal from concurrent decisions of the Patent Office tribunals awarding 11 counts of the interference to the senior parties.

¶6The invention relates to a road grading machine, called in common parlance a road scraper,-in which the front wheel of an ordinary tractor is removed and a frame connected thereto, extending out in front of the tractor, to which an adjustable grading blade is attached.

¶7The Beatty application was filed on July 31, 1924, and a patent inadvertently issued thereon on May 12, 1925. The Ronning and Ronning application was filed March 12, 1921, or about three years and four months prior to the filing date of Beatty, whose preliminary statement disclosed a date of conception about a year and a half, subsequent to the filing date of the senior parties. Whereupon Beatty moved to1 dissolve the interference, contending that Ronning and Ronning had no right to make the claims and that their application does not disclose an operative machine.

¶8The Law Examiner, the Examiners in ■Chief, and the Commissioner have in turn carefully and thoroughly considered every question raised by this appeal. After a review of their decisions, in the light of the oral argument and briefs filed by counsel, we have reached the conclusion that they were correct and that further discussion is unnecessary.

¶9The decision is therefore affirmed.

¶10Affirmed.

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