GOLDBERG v. THORNHILL

Patent Appeals No. 4138.

102 F.2d 896 (1939)

GOLDBERG v. THORNHILL et al.

Court of Customs and Patent Appeals.

April 10, 1939.


Attorney(s) appearing for the Case

James & Franklin, of New York City (Maxwell James and Bernard S. Franklin, both of New York City, of counsel), for appellant.

Young, Emery & Thompson, and Irving S. Thompson, all of Washington, D. C., for appellees.

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


BLAND, Associate Judge.

This is an appeal by the senior party Goldberg from the decision of the Board of Appeals of the United States Patent Office, affirming that of the Examiner of Interferences awarding to the junior party Thornhill and Rohr, priority of invention expressed in two counts of an interference. The counts are as follows:

"1. A handbag assembly of the envelope type comprising, in combination, a flapless handbag body made of flexible material...

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