Court of Customs and Patent Appeals February 24, 1972, Patent Appeal No. 8591 (Rion v. Ault)

RICH, Judge.

This appeal is from the decision of the Board of Patent Interferences awarding priority to Ault et al., the senior party.1 Rion et al.2 appeal solely as to an issue which they assert, and which Ault denies, is ancillary to priority as hereinafter explained. We reverse and remand because we find there is no interference in fact.