FERNANDEZ v. GILLMAN

Patent Appeals No. 4120.

102 F.2d 891 (1939)

FERNANDEZ v. GILLMAN.

Court of Customs and Patent Appeals.

April 10, 1939.


Attorney(s) appearing for the Case

Alphonse Fernandez, pro se.

No appearance 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 forming the issue. Count 1 is illustrative and reads as follows:

"1. A tubular structure composed of a plurality of abutting substantially diamond-shaped plates, each of said plates having a pair of edges of uniform...

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