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DIRKES v. EITZEN

Patent Appeal No. 4054.

103 F.2d 520 (1939)

DIRKES et al. v. EITZEN.

Court of Customs and Patent Appeals.

May 3, 1939.

Attorney(s) appearing for the Case

Eugene C. Brown, of Washington, D. C. (M. J. Reynolds and N. F. Presson, both of New York City, of counsel), for appellants.

Gustav Drews, of New York City (Hans v. Briesen, of New York City, of counsel), for appellee.

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

JACKSON, Associate Judge.

This is an appeal from a decision of the Board of Appeals of the United States Patent Office affirming a decision of the Examiner of Interferences awarding priority of invention of the subject matter in issue to appellee Eitzen.

The interference No. 71,872 is between a patent of appellants, No. 1,968,818, dated August 7, 1934, upon an application Serial No. 554,574, filed August 1, 1931, and a reissue application of appellee, Serial...

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