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NELSON v. LENNING

Patent Appeal No. 3944.

96 F.2d 508 (1938)

NELSON v. LENNING.

Court of Customs and Patent Appeals.

May 2, 1938.

Attorney(s) appearing for the Case

George A. Brace, of Chicago, Ill. (Harry S. Demaree, of Chicago, Ill., and Elmer Stewart, of Washington, D. C., of counsel), for appellant.

William T. Hedlund, of New York City, for appellee.

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

BLAND, Associate Judge.

This is an appeal from the decision of the Board of Appeals of the United States Patent Office reversing that of the Examiner of Interferences, which had awarded priority of the subject matter of the counts involved, numbered 1 to 7, inclusive, and 9 to 14, inclusive, to the senior party Nelson, and awarding to the junior party Lenning the invention of the counts involved.

Since no differentiation in the character of the counts here...

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