GRAHAM, Presiding Judge.
The appellant, Benjamin W. Jones, filed his application for a patent on improvements in motor control, on January 9, 1922. The appellee, Clarence T. Evans, filed his application for what is concededly the same device, on April 22, 1921. Thereafter an interference was declared by the Patent Office, which involved the following counts:
"1. A control system for electric motors comprising resistance in the motor circuit, electromagnetic...
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