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MUDD v. SCHOEN

Patent Appeal No. 2824.

54 F.2d 959 (1932)

MUDD v. SCHOEN.

Court of Customs and Patent Appeals.

January 25, 1932.

Attorney(s) appearing for the Case

Pennie, Davis, Marvin & Edmonds, of New York City (C. M. Fisher, of Washington, D. C., and W. B. Morton, of New York City, of counsel), for appellant.

Harry Frease, of Cleveland, Ohio, for appellee.

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

GRAHAM, Presiding Judge.

The present appeal is an interference proceeding declared by the United States Patent Office between the application of Garrett W. Mudd, appellant, filed March 27, 1926, and a patent No. 1,654,706, issued to Otto A. Schoen, appellee, on January 3, 1928, on an application filed May 20, 1927.

There are four counts in the interference, of which counts 1 and 2 are thought to be representative, and which are as follows:

"1. A packing...

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