United States of America, as Represented by Ezra Taft Benson, Secretary of Agriculture v. Joseph Szuecs

252 F.2d 841, 102 U.S. App. D.C. 277

• Court: Court of Appeals for the D.C. Circuit
• Decided: February 13, 1958
• Docket: 14124_1
• Status: Published

Opinion

PER CURIAM.

This case, in which the question is priority of invention between the appellee Joseph Szuecs and one Harry Humfeld, appellant’s assignor, is here for the second time. On the first appeal we reversed because, in saying that Szuecs was the first inventor, the District Court had applied the wrong standard of proof. United States v. Szuecs, 1957, 100 U.S.App.D.C. 24, 240 F.2d 886.

On remand, the trial court used the “thorough conviction” standard which we had prescribed instead of the “preponderance of evidence” standard previously employed, and again awarded priority to Szuecs.

On this appeal the Secretary of Agriculture urges that Szuecs’ testimony concerning reduction to practice was not corroborated. We hold there was sufficient evidence in corroboration.

Affirmed.