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BROWN v. BARTON

Patent Appeals No. 4070.

102 F.2d 193 (1939)

BROWN v. BARTON.

Court of Customs and Patent Appeals.

Rehearing Denied March 27, 1939.

Attorney(s) appearing for the Case

Howson & Howson and Charles H. Howson, all of Philadelphia, Pa., and William A. Smith, Jr., of Washington, D. C. (F. A. Bothwell, of Philadelphia, Pa., of counsel), for appellant.

Harry G. Grover and James G. Norton, both of New York City (Abraham S. Greenberg, of New York City, of counsel), for appellee.

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

LENROOT, Associate Judge.

This is an appeal in an interference proceeding wherein the Board of Appeals of the United States Patent Office affirmed a decision of the Examiner of Interferences awarding priority of invention to appellee upon two counts there in issue. No appeal was taken with respect to count 2, and count 1 is the only one before us.

The interference is between appellant's application filed on September 24, 1932, and an application of appellee...

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