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NORTHCUTT v. LOESCH

Patent Appeal No. 2512.

44 F.2d 859 (1930)

NORTHCUTT v. LOESCH.

Court of Customs and Patent Appeals.

December 1, 1930.

Attorney(s) appearing for the Case

Mayer, Warfield & Watson, of New York City (Donald L. Brown, of New York City, of counsel), for appellant.

Edward H. Cumpston, of Rochester, N. Y., for appellee.

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

GRAHAM, Presiding Judge.

This is an interference declared by the Patent Office between the applications of the appellant, Robert T. Northcutt, serial No. 61,840, filed October 10, 1925, and the appellee, Hugo E. Loesch, serial No. 74,626, filed December 10, 1925. The issue in the interference is contained in six counts, which are as follows:

"1. A new article of manufacture consisting of a concentrated syrup carrying pectin in suspension, but not in solution...

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