GRAHAM, Presiding Judge.
The appellant, Fenton R. Brydle, filed an application for a patent upon improvements in shingles in the United States Patent Office on October 21, 1924. The appellee Harry H. Honigbaum filed a similar application on April 27, 1923. An interference was declared by the Patent Office between these applications, the counts of the interference being three. Counts 1 and 2 are illustrative, and are as follows:
"Count 1: A flexible shingle...
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