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O'DONNELL v. HARTT

Patent Appeal No. 3400.

75 F.2d 195 (1935)

O'DONNELL v. HARTT.

Court of Customs and Patent Appeals.

February 25, 1935.

Attorney(s) appearing for the Case

Walter F. Murray and Frank L. Zugelter, both of Cincinnati, Ohio, for appellant.

A. D. Salinger, of Boston, Mass., for appellee.

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

BLAND, Associate Judge.

This is an appeal by the senior party, O'Donnell, 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 the junior party, Hartt, of all the counts in this interference proceeding, which counts are numbered 1, 2, 3, and 4, and which were suggested to the senior party by the Examiner. The counts are as follows:

"1. That improvement...

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