Berry v. Webb (412 F.2d 261, 1969)

ALMOND, Judge.

This is an appeal by Kenneth L. Berry from the decision of the Board of Patent Interferences awarding priority as to the subject matter in interference No. 93,724 to Watt W. Webb, William A. Wissler and William D. Forgeng (hereinafter Webb).

Berry, the senior party, is involved on application serial No. 696,595, filed November 15, 1957 and assigned to E. I. du Pont de Nemours & Company, and Webb on U. S. Patent No. 3,011,870, granted on an application filed September 5, 1958 and assigned to Union Carbide Corporation.

The invention in issue relates to new types of crystalline alpha-aluminum oxide, namely 01-AI2O3 (also known as corundum, sapphire and a-alumina), in the form of fibers and platelets. The counts, corresponding to claims 7 and 9 of the junior party Webb’s patent, read:

1. Needle-like high strength, virtually perfect single crystals of alpha-aluminum oxide (a — AI2O3) having a hexagonal cross-section and a length from about 1 to 30 mm. long and a width from about 3 to 50 microns.

2. Platelet-like high strength, virtually perfect single crystals of alpha-aluminum oxide (