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DE FOREST v. VOGT, MASSOLLE AND ENGL

Patent Appeal No. 2749.

49 F.2d 1075 (1931)

DE FOREST, Appellant, v. VOGT, MASSOLLE AND ENGL, Appellee.

Court of Customs and Patent Appeals.

May 25, 1931.

Attorney(s) appearing for the Case

Darby & Darby, of New York City (Charles M. Thomas and Francis D. Thomas, both of Washington, D. C., and Samuel E. Darby, Jr., and Louis D. Fletcher, both of New York City, of counsel), for appellant.

Kenneth S. Neal, of New York City (S. Mortimer Ward, Jr., of New York City, of counsel), for appellee.

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

HATFIELD, Associate Judge.

This is an appeal from the decision of the Board of Appeals of the United States Patent Office affirming the decision of the Examiner of Interferences awarding priority of invention to appellee.

The invention relates to a method of producing talking moving pictures, and is sufficiently defined in count 1, which reads:

"Count 1. The method of producing talking moving pictures on the same film which comprises photographing...

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