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AVERY v. HILDER

Patent Appeal No. 3994.

99 F.2d 979 (1938)

AVERY v. HILDER.

Court of Customs and Patent Appeals.

November 28, 1938.

Attorney(s) appearing for the Case

Theodore H. Lassagne, of San Francisco, Cal. (Leonard S. Lyon, of Los Angeles, Cal., and Charles M. Thomas, of Washington, D. C., of counsel), for appellant.

George F. Scull, of New York City (Stuart Hilder, of Orange, N. J., pro se and George M. Anderson, of Washington, D. C., of counsel), for appellee.

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

BLAND, Associate Judge.

This is an appeal from a decision of the Board of Appeals of the United States Patent Office, awarding to Stuart Hilder, the junior party, priority of invention expressed in a single count relating to a calculating machine.

The decision of the board reversed the decision of the Examiner of Interferences, which had awarded priority to the appellant Avery. Avery's application was filed on September 26, 1930, and Hilder's application was...

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