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KINDELMANN v. MORSBACH

Patent Appeal No. 3995.

97 F.2d 796 (1938)

KINDELMANN et al. v. MORSBACH et al.

Court of Customs and Patent Appeals.

June 27, 1938.

Attorney(s) appearing for the Case

Emery, Varney, Whittemore & Dix, of New York City (Howard W. Dix, William R. Glisson, and H. W. Baker, all of New York City, and J. Austin Stone, J. Hanson Boyden, and Carl T. Mack, all of Washington, D. C., of counsel), for appellants.

Bailey & Larson, of Washington, D. C. (Roberts B. Larson and Jennings Bailey, Jr., both of Washington, D. C., of counsel), for appellees.

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

LENROOT, Associate Judge.

This appeal brings before us for review 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 to appellees with respect to two counts forming the entire issue of the interference. Said counts read as follows:

"1. In a film magazine, the combination of a take-up spool on which film is to be wound, a gate-plate past which the film...

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