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GOWEN v. HENDRY

Patent Appeal No. 2216.

37 F.2d 426 (1930)

GOWEN v. HENDRY et al.

Court of Customs and Patent Appeals.

January 27, 1930.

Attorney(s) appearing for the Case

Samuel E. Darby, Jr., of New York City (C. M. Thomas and F. D. Thomas, both of Washington, D. C., of counsel), for appellant.

John G. Roberts, of New York City, and C. E. Tullar and H. E. Dunham, both of Schenectady, N. Y. (Irving MacDonald, of New York City, of counsel), for appellees.

Before GRAHAM, Presiding Judge, and BLAND, HATFIELD, GARRETT, and LENROOT, Associate Judges.

HATFIELD, Associate Judge.

This is an appeal in an interference proceeding from the decision of the Commissioner of Patents. The Examiner of Interferences, the Examiners in Chief, and the Commissioner of Patents have concurred in holding that appellant was not entitled to an award of priority of invention.

The invention in issue relates to certain improvements in vacuum tubes or audions. The counts involved read as follows:

"1. A vacuum tube comprising...

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