HICKENLOOPER, Circuit Judge.
A patent having theretofore issued to plaintiff-appellant, certain claims therein were placed in interference with the claims of defendant-appellee's then pending application. Priority was awarded defendant-appellee, and this decision was affirmed by the Board of Appeals. No appeal was thereupon prosecuted to the Court of Customs and Patent Appeals, but, instead of so appealing, plaintiff-appellant instituted this action in the District...
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