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HERSHEY v. HARRIS

Patent Appeal No. 3494.

77 F.2d 646 (1935)

HERSHEY v. HARRIS.

Court of Customs and Patent Appeals.

June 10, 1935.

Attorney(s) appearing for the Case

Charles W. Hills, Alexander C. Mabee, and T. J. MacKavanagh, all of Chicago, Ill., for appellant.

George H. Willits, of Detroit, Mich., and Hugh Keneipp, of Washington, D. C., for appellee.

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

BLAND, Associate Judge.

This is an interference proceeding originating in the United States Patent Office which involves a single count, which count corresponds to a claim originating in the Harris application. Harris filed his application on August 28, 1924, approximately nine months prior to Hershey's filing date which was June 1, 1925.

The count reads as follows: "In combination, a control member, an oscillatable and axially movable bolt for locking the...

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