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MacGREGOR v. JOHNSTON

Patent Appeal Nos. 3312, 3313.

71 F.2d 165 (1934)

MacGREGOR v. JOHNSTON. JOHNSTON v. MacGREGOR.

Court of Customs and Patent Appeals.

June 12, 1934.

Attorney(s) appearing for the Case

Fisher, Clapp, Soans & Pond, of Chicago, Ill. (Cyril A. Soans, of Chicago, Ill., of counsel), for MacGregor.

Henry P. Doolittle and Paul O. Pippel, both of Chicago, Ill., for Johnston.

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

GARRETT, Associate Judge.

These are cross-appeals from a decision of the Board of Appeals of the United States Patent Office, awarding priority to the party MacGregor upon one count, involved in an interference, and priority to the party Johnston upon the other eight counts so involved. In the decision of the Examiner of Interferences MacGregor was awarded priority on all the counts, numbered 1 to 9 consecutively, but the Board reversed as to all except count 1.<...

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