GARRETT, Associate Judge.
The two parties before us in this case claim to have invented a certain type of toy telephone. An interference was declared by the Examiner April 10, 1925. A third party, Harold D. Allen, was involved in the interference so declared and in the subsequent proceedings in the Patent Office, but no appeal was taken by him from the decision of the Commissioner, so the contest before us is between Harlan and Bregman.
The counts in issue...
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