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DOWNS v. ANDREWS

No. 2044.

26 F.2d 522 (1928)

DOWNS v. ANDREWS.

Court of Appeals of District of Columbia.

Decided May 7, 1928.

Attorney(s) appearing for the Case

W. B. Morton, of New York City, and R. K. Stevens, of Washington, D. C., for appellant.

B. G. Foster, of Washington, D. C., and R. A. Norton, of New York City, for appellee.

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

MARTIN, Chief Justice.

Andrews is the senior party, his application having been filed on February 27, 1918. He has taken no testimony, but relies upon his filing date for conception and constructive reduction to practice. Downs' application was filed on July 2, 1919, and a division of it was filed on April 4, 1921. A patent was granted to Downs on August 14, 1923, but the claims of the patent, as well as of the divisional application, are involved in this interference...

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