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HERST v. NIELSEN

Patent Appeal No. 2863.

55 F.2d 430 (1932)

HERST v. NIELSEN.

Court of Customs and Patent Appeals.

February 1, 1932.

Attorney(s) appearing for the Case

Gifford & Scull, of New York City (Chas. S. Grindle, of Washington, D. C., of counsel), for appellant.

B. G. Foster, of Washington, D. C., for appellee.

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

GRAHAM, Presiding Judge.

An interference was declared in the United States Patent Office on February 24, 1928, between a patent No. 1,649,228, issued to the appellant, Edward Herst, on November 15, 1927, upon an application filed April 1, 1927, and a pending divisional application of the appellee, Karl K. Nielsen, serial No. 245,312, filed January 9, 1928. Nielsen's parent application, which discloses the invention here in issue, was filed January 28, 1927.

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