METZGER v. COOPER

Patent Appeal No. 2235.

37 F.2d 439 (1930)

METZGER v. COOPER.

Court of Customs and Patent Appeals.

February 6, 1930.


Attorney(s) appearing for the Case

Pennie, Davis, Marvin & Edmonds, of New York City (D. S. Edmonds and E. H. Merchant, both of New York City, Richard K. Stevens, of Washington, D. C., and George J. Hesselman, of New York City, of counsel), for appellant.

H. C. Bierman, of New York City, for appellee.

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


BLAND, Associate Judge.

This is an appeal from the decision of the Board of Appeals, awarding priority of invention to Cooper. The decision of the Board affirmed the decision of the Examiner of Interferences, which in turn affirmed the decision of the law examiner.

The subject-matter of the controversy involved in the interference counts is a composition of matter primarily intended for the fumigation of plants infested with insects. The active substance in...

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