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BARBA v. BRIZZOLARA

Patent Appeal No. 4158.

104 F.2d 198 (1939)

BARBA v. BRIZZOLARA.

Court of Customs and Patent Appeals.

June 5, 1939.

Attorney(s) appearing for the Case

Geo. H. Strickland, of Dayton, Ohio (Spencer, Hardman & Fehr, Hugh Keneipp, of Washington, D. C., and R. R. Candor, of Dayton, Ohio, of counsel), for appellant.

Robert T. Palmer, of Boston, Mass., for appellee.

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

LENROOT, Associate Judge.

This is a patent interference proceeding wherein the Board of Appeals of the United States Patent Office reversed a decision of the Examiner of Interferences which awarded priority of invention of the subject matter of counts 2 and 3 of the interference to appellant. The board awarded priority of invention to appellee, and from its decision this appeal was taken.

Count 2 is illustrative and reads as follows: "2. In apparatus for the...

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