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WYLAND v. SIMONS

Patent Appeal No. 3832.

93 F.2d 44 (1937)

WYLAND v. SIMONS.

Court of Customs and Patent Appeals.

December 23, 1937.

Attorney(s) appearing for the Case

George J. Schottler, of New York City, for appellant.

Ward, Crosby & Neal, of New York City (Carl T. Mack, of Washington, D. C., and S. Mortimer Ward, S. Mortimer Ward, Jr., and Raymond J. McElhannon, all of New York City, of counsel), for appellee.

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

BLAND, Associate Judge.

This is an interference proceeding involving a single count copied by the party Wyland into his application from the party M. Simons' patent No. 1,952,388. Wyland filed his application on October 29, 1927. Simons was restricted by his preliminary statement for his date of conception of the issue to a date subsequent to Wyland's filing date. After the institution of the interference, the Examiner of Interferences of the United States Patent...

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