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FIELD v. STOW

No. 2754.

49 F.2d 840 (1931)

FIELD v. STOW.

Court of Customs and Patent Appeals.

May 27, 1931.

Attorney(s) appearing for the Case

Frederick H. Gibbs and Donald U. Rich, both of New York City (Herbert Jacobi and Wm. J. Jacobi, both of Washington, D. C., of counsel), for appellant.

Cyrus Kehr, of Washington, D. C., for appellee.

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

HATFIELD, Associate Judge.

This is an appeal in an interference proceeding 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 counts in issue were taken from appellant's patent No. 1,649,396, issued November 15, 1927. They read:

"2. In a self-clearing end dump mine car, wheel axles, a longitudinally extending wood flooring...

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