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DOWNS v. ANDREWS

No. 1996.

25 F.2d 218 (1928)

DOWNS v. ANDREWS.

Court of Appeals of District of Columbia.

Decided March 5, 1928.

Attorney(s) appearing for the Case

W. B. Morton, M. W. Sage, E. H. Merchant, and G. J. Hesselman, all of New York City, for appellant.

B. G. Foster, of Washington, D. C., for appellee.

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

SMITH, Acting Associate Justice.

This is an appeal from a decision of the Commissioner of Patents, awarding in an interference proceeding priority of invention to the junior party, Chester E. Andrews, thereby affirming the decision of the Examiners in Chief, affirming the decision of the Examiner of Interferences.

The subject-matter of the interference is defined in four counts which are as follows:

(1) "A catalytic body comprising a base of aluminum...

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