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SCHUSTER v. BROWN

Patent Appeal No. 3246.

69 F.2d 373 (1934)

SCHUSTER v. BROWN.

Court of Customs and Patent Appeals.

March 7, 1934.

Attorney(s) appearing for the Case

Morrison, Kennedy & Campbell, of New York City (Luther E. Morrison and Donald Campbell, both of New York City, of counsel), for appellant.

Albert L. Ely, of Akron, Ohio (J. Ralph Barrow, of Akron, Ohio, of counsel), for appellee.

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

LENROOT, Associate Judge.

This is an appeal from a decision of the Board of Appeals of the United States Patent Office, affirming a decision of the Examiner of Interferences awarding priority of invention to appellee upon the three counts of the interference, which counts read as follows:

"1. The combination with an element of magnetic material over which non-magnetic material may be continuously passed, of an electro-magnet having an open magnetic circuit...

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