BLAND, Associate Judge.
This appeal is an interference case between two copending applications for a patent for a design for a bottle.
Each of the lower tribunals assumed, without deciding, that the appellant was the first to conceive (about 1920) the subject-matter of the count which reads "the ornamental design for a bottle as shown." Both of the lower tribunals held that Root made his invention in July, 1923, and that it was not necessary for them to determine...
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