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MARTOCELLO v. KOBASH

Patent Appeal No. 2272.

39 F.2d 677 (1930)

MARTOCELLO v. KOBASH.

Court of Customs and Patent Appeals.

Rehearing Denied May 19, 1930.

Attorney(s) appearing for the Case

William Steell Jackson, of Philadelphia, Pa. (Charles S. Grindle, of Washington, D. C., of counsel), for appellant.

Leonard L. Kalish (E. Hayward Fairbanks, both of Philadelphia, Pa., of counsel), for appellee.

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

LENROOT, Associate Judge.

This is an appeal from the decision of the Board of Appeals of the Patent Office in an interference proceeding, reversing a decision of the Examiner of Interferences and awarding priority of invention of the device in issue to appellee herein, the junior applicant.

The invention in issue is well described by the Examiner of Interferences as follows:

"The invention in issue relates to a refrigeration system and more especially...

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