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HAYDE v. BOYNTON

No. 2056.

26 F.2d 978 (1928)

HAYDE v. BOYNTON.

Court of Appeals of District of Columbia.

Decided May 7, 1928.

Petition for Rehearing Denied June 1, 1928.

Attorney(s) appearing for the Case

A. V. Cushman, of Washington, D. C., and W. H. Cloud, of Kansas City, Mo., for appellant.

A. E. Dowell, of Washington, D. C., and F. S. Lyon and Leonard S. Lyon, both of Los Angeles, Cal., for appellee.

Before MARTIN, Chief Justice, and ROBB and VAN ORSDEL, Associate Justices.

ROBB, Associate Justice.

Appeal from a decision of an Assistant Commissioner of Patents awarding priority to the party Boynton. The two counts of the interference read as follows:

"1. A concrete block or structure, consisting of cement, and an aggregate of vesicular material free from laminations or planes of cleavage resulting from subjecting suitable earthy material containing compounds capable of evolving gases to sufficient heat to incipiently fuse the...

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