Bocciarelli v. Huffman

• Decision Date: 18 April 1956
• Docket Number: Patent Appeal No. 6181.
• Citation: 232 F.2d 647,109 USPQ 385
• Parties: Carlo V. BOCCIARELLI, Appellant, v. Charles E. HUFFMAN, Appellee.
• Court: U.S. Court of Customs and Patent Appeals (CCPA)

109 USPQ 385, 232 F.2d 647 (1956)

Carlo V. BOCCIARELLI, Appellant, v. Charles E. HUFFMAN, Appellee.

Patent Appeal No. 6181.

United States Court of Customs and Patent Appeals.

April 18, 1956.

Allen V. Hazeltine, Philadelphia, Pa. (Thomas M. Ferrill, Jr., Great Neck, N. Y., Fordyce A. Bothwell, Dexter N. Shaw, Philadelphia, Pa., and William A. Smith, Jr., Washington, D. C., of counsel), for appellant.

Darby & Darby and Russell G. Pelton, New York City (Donald J. Overocker, New York City, of counsel), for appellee.

Before O'CONNELL, Acting Chief Judge, and JOHNSON, WORLEY, COLE and JACKSON (retired), Judges.

O'CONNELL, Acting Chief Judge.

This is an appeal from the decision of the Board of Patent Interferences of the United States Patent Office awarding priority of invention of the subject matter defined by the single count in issue to the senior party Huffman, who is the appellee here. One member of the board concurred specially in its decision, while another member dissented.

The interference involves appellant's application serial No. 198,709 filed December 1, 1950, and appellee's application serial No. 789,296 filed December 2, 1947. The Bocciarelli application is assigned to the Philco Corporation, and the Huffman application to the DuMont Laboratories, Inc.

The count, originated by the Primary Examiner and suggested to the applicants for the purpose of interference, reads as follows:

"An electron-sensitive target comprising a supporting surface containing a light-emissive area and a plurality of discrete signal-generating indicia disposed in spaced-apart relationship on said surface along a marginal edge of said light-emissive area, said light-emissive area comprising a plurality of parallelly disposed groups of phosphor lines, said lines individual to each group being constituted of phosphor materials capable of emitting light of a color component individual to that line, and said signal-generating indicia comprising a plurality of line-segments disposed in spaced apart register with selected ones of said phosphor lines." (Italics added.)

The invention in issue relates to color television apparatus of the type in which a target screen comprising parallel lines of light emissive phosphors of different colors is scanned by an electron beam, the intensity of which is modulated in accordance with intelligence derived from the object being televised and relating to the different colors corresponding to those which the respective phosphors are adapted to produce. The specific improvement here involved is designed to control the scanning to insure that when the beam is modulated by intelligence representative of a particular color, it will impinge upon a phosphor emissive of light of the same color.

The general characteristics of the invention, so far as pertinent, are thus set forth in appellee's brief:

"The invention is for a system for controlling registration of scanning in a cathode ray tube in color television. The screen of the tube which presents the color picture comprises a plurality of lines or stripes of phosphors which, when excited by the electron beam, fluoresce in different respective colors. The novelty comprising the invention involves a control structure positioned adjacent a marginal edge of the phosphor screen, the control structure comprising a plurality of discrete signal generating indicia disposed in spaced apart relationship, and in spaced apart registry respectively with selected ones of the phosphor lines.

"In practice the indicia are connected externally of the tube to suitable circuity to control the position of the electron beam so as to maintain the beam in its correct scanning position to excite the proper color phosphor and thus produce a true color picture. This control structure prevents the beam from accidentally striking the incorrect color phosphor lines during scanning so as to produce what would thus be an incorrect color in the picture."¹

During the interference proceeding in the Patent Office, the junior party Bocciarelli, in his preliminary statement, alleged no date of invention as early as the filing date of the senior party's application. Bocciarelli was accordingly placed under an order to show cause why judgment on the record should not be entered against him. His response to that order was a motion to dissolve the interference on the ground that the subject matter in issue was not disclosed in Huffman's application, which motion was denied by the Primary Examiner.

No testimony was taken by either party and the interference proceeded to final hearing before the board on the sole issue as to whether the count of the interference is supported by the Huffman application. The majority of the board agreed with the Primary Examiner that Huffman's application sufficiently discloses the subject matter of the count, and awarded priority to him. In reaching its conclusion the board found it necessary in support of its position to resort to statements contained in original claims of that application.

Huffman's application here involved shows and describes two distinct embodiments of his invention. In the first of these, the light-emissive area is provided by fluorescent material which is coated or a series of parallel conductors and the uncoated ends of the conductors, which extend in prolongation of the coated portions, provide the discrete signal-generating indicia referred to in the count. The conductors extend between and are apparently supported by two rods of insulating material which are shown and described as being located inside the cathode ray tube and along its face. That arrangement, it is apparent, does not provide a supporting surface containing a light-emissive area and signal-generating indicia disposed on said surface.

Huffman's second embodiment is illustrated in a somewhat diagrammatic manner and includes strips of different color emissive materials (phosphors) which, the specification states, may be applied directly on the face of the cathode ray tube. The conductors which form the signal-generating indicia are aligned with the color emissive strips. The drawing does not clearly show, nor does the specification describe, the manner in which these conductors are supported, but it would appear from the general similarity between the illustrations of the two embodiments, that the conductors are supported by an insulating rod which lies between them and the face of the tube.

It is not disputed by appellant that Huffman's application discloses everything set forth in the count except "a supporting surface containing a light-emissive area and a plurality of discrete signal-generating indicia disposed in spaced-apart relationship on said surface." In other words, the italicized portion of the count hereinbefore recited is the critical portion which is here in controversy, and the present appeal is...