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SPATAFORA v. ZAIGER

Patent Appeal No. 3243.

69 F.2d 118 (1934)

SPATAFORA v. ZAIGER et al.

Court of Customs and Patent Appeals.

March 5, 1934.

Attorney(s) appearing for the Case

Wilkinson, Huxley, Byron & Knight, of Chicago, Ill. (Edward W. Shepard, of Washington, D. C., of counsel), for appellant.

Edward H. Cumpston, of Rochester, N. Y. (Charles Shepard, of Rochester, N. Y., of counsel), for appellee Zaiger.

Louis M. Schmidt, of Hartford, Conn. (Ralph Burch, of Washington, D. C., of counsel), for appellee Young.

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

BLAND, Associate Judge.

This is an appeal by Spatafora from a decision of the Board of Appeals of the United States Patent Office affirming a decision of the Examiner of Interferences. The concluding paragraph of the decision of the board is as follows:

"We accordingly hold that Spatafora is estopped to contest the count in issue. The decision of the Examiner of Interferences, denying his motion to substitute and holding that he is not the first inventor is...

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