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WHITEHEAD v. DIAMOND

Patent Appeals No. 3963.

97 F.2d 604 (1938)

WHITEHEAD v. DIAMOND.

Court of Customs and Patent Appeals.

June 27, 1938.

Attorney(s) appearing for the Case

I. Seltzer and C. W. Levinson, both of New York City (Marcellus C. Simmons, of New York City, of counsel), for appellant.

Howson & Howson, of New York City (Hubert A. Howson, of New York City, William A. Smith, Jr., of Washington, D. C., and Richard S. Shreve, Jr., of New York City, of counsel), for appellee.

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

JACKSON, Associate Judge.

This is an appeal from a decision of the Board of Appeals of the United States Patent Office affirming a decision of the Examiner of Interferences which awarded priority of invention of the subject matter in issue to appellee.

The counts of the interference, which originated in the patent of appellee, are 1 to 4, inclusive, and read as follows:

"1. An artificial thread consisting of an organic ester of cellulose and a small...

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