John Boyce, an Individual, and Fmc Corporation, a Corporation v. Earl R. Anderson, an Individual, and Filper Corporation, a Corporation, John Boyce, an Individual, and Fmc Corporation, a Corporation v. Earl R. Anderson, an Individual, and Filper Corporation, a Corporation

451 F.2d 818 171 U.S.P.Q. 792 John BOYCE, an individual, and FMC Corporation, a corporation, Appellees, v. Earl R. ANDERSON, an individual, and Filper Corporation, a corporation, Appellants. John BOYCE, an individual, and FMC Corporation, a corporation, Appellants, v. Earl R. ANDERSON, an individual, and Filper Corporation, a corporation, Appellees. Nos. 26308, 22163. United States Court of Appeals, Ninth Circuit. Nov. 12, 1971. Dirks B. Foster (argued), Thomas E. Ciotti, of Boyken, Mohler, Foster & Schwab, San Francisco, Cal., for Earl R. Anderson, etc. Lewis E. Lyon (argued), of Lyon & Lyon, Los Angeles, Cal., for John Boyce, etc. Before HAMLEY and BROWNING, Circuit Judges, and THOMPSON, District Judge. * HAMLEY, Circuit Judge: 1 This case originated in the United States Patent Office as an interference between competing applicants for a patent on the same invention. At issue is the priority of invention of a method of pitting peaches as conceived by John A. Boyce and, separately, by Earl R. Anderson. 2 The board of patent interferences awarded priority to Anderson. Boyce and his assignee, FMC Corporation, being dissatisfied with the decision of the board, then commenced…