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CHRISTIAN v. MULLER

Patent Appeal No. 4143.

104 F.2d 361 (1939)

CHRISTIAN v. MULLER.

Court of Customs and Patent Appeals.

June 15, 1939.

Attorney(s) appearing for the Case

Clarence B. Des Jardins, of Washington, D. C. (George Ramsey, of New York City, and Church & Church, of Washington, D. C., of counsel), for appellant.

Davis, Lindsey, Smith & Shonts, of Chicago, Ill. (Leroy C. Shonts, of Chicago, Ill., and Charles M. Thomas, of Washington, D. C., of counsel), for appellee.

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

LENROOT, Associate Judge.

This is 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 of the subject matter in issue to appellee.

The counts are numbered 1 to 15, inclusive, of which counts 1, 3, and 9 are illustrative and read as follows:

"1. In a machine of the class described, the combination of a shiftable traveling carriage...

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