¶1delivered the opinion of the Court:
¶2This is an interference proceeding involving a process of canning fruits, fish, etc., and has four parties as follows: William C. Buhles, who filed August 10, 1910; James J. Griffin and Gordon M. Peacock, who filed May 3, 1911; Nelson Troyer, who filed February 15, 1912; and John M. Young, who filed March 1, 1912.
¶3The case is before us on motion to dismiss the appeal for want of jurisdiction.
¶4The Examiner of Interferences entered notice that Young and Troyer having failed to show conception of the issue before the filing date of Buhles, the senior party, judgment on the record would be entered against them thirty days later, unless good cause be shown.
¶5Young and Troyer both moved to dissolve the interference on the ground that the issue was not patentable by reference to certain patents to Symonds.
¶6The Primary Examiner, to whom the motion was referred, held that the issue was not patentable, and dissolved the interference.
¶7The proceedings on the interference were delayed pending these proceedings.
¶8Buhles and Griffin and Peacock appealed to the Examiners in Chief, who affirmed the decision.
¶9They further appealed to the Commissioner, who re-examined *212tbe question in tbe light of affidavits presented on each side, and affirmed tbe decree of tbe Examiners in Chief.
¶10There was no decision of priority.
¶11Griffin and Peacock appealed from tbe Commissioner’s decision.
¶12Tbe motion to dismiss is well taken. See Re Fullagar, 32 App. D. C. 222; Cosper v. Gold, 34 App. D. C. 194-198; Mann v. Brown, 43 App. D. C. 457—461.
¶13Tbe appeal is dismissed, and this decision will be certified to tbe Commissioner of Patents. Dismissed.