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MACFARREN v. MORGAN

No. 2017.

24 F.2d 1003 (1928)

MACFARREN v. MORGAN.

Court of Appeals of District of Columbia.

Decided March 5, 1928.

Attorney(s) appearing for the Case

Archworth Martin, of Pittsburgh, Pa., for appellant.

C. M. Nissen and A. J. Crane, both of Chicago, Ill., for appellee.

Before MARTIN, Chief Justice, VAN ORSDEL, Associate Justice, and SMITH, Judge of the United States Court of Customs Appeals.

MARTIN, Chief Justice.

The invention involved in this interference relates to coal-mining machines. The parties are Macfarren and Morgan. Macfarren is the senior party, having filed his application on November 3, 1915; Morgan's application was filed on November 19, 1917. Neither party has taken testimony. Macfarren relies upon his filing date for constructive reduction to practice; while Morgan relies upon an earlier application, filed by him on July 5, 1913, and...

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