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LYON v. RYERSON

Patent Appeal No. 4127.

103 F.2d 913 (1939)

LYON v. RYERSON.

Court of Customs and Patent Appeals.

May 29, 1939.

Attorney(s) appearing for the Case

Charles W. Hills, Jr., and Charles F. Meroni, both of Chicago, Ill. (Donald J. Simpson, of Chicago, Ill., of counsel), for appellant.

G. Frank Langford and Townsend F. Beaman, both of Jackson, Mich., for appellee.

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

BLAND, Associate Judge.

The junior party, George A. Lyon, has here appealed from the decision of the Board of Appeals of the United States Patent Office which affirmed that of the Examiner of Interferences in awarding the senior party, Creighton W. Ryerson, priority of invention defined by two counts involved in the interference, which counts read as follows:

"1. In a multi-part tire cover, an arcuate section including side and tread covering portions, said...

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