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ELSE v. McCORMACK

Patent Appeal No. 4296.

112 F.2d 782 (1940)

ELSE v. McCORMACK.

Court of Customs and Patent Appeals.

June 24, 1940.

Attorney(s) appearing for the Case

O. H. Eschholz and W. R. Coley, both of East Pittsburgh, Pa. (Loyd H. Sutton and Gordon W. Daisley, both of Washington, D. C., of counsel), for appellant.

George H. Strickland, of Dayton, Ohio (Edwin S. Dybvig, of Dayton, Ohio, of counsel), for appellee.

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

HATFIELD, Associate Judge.

This is an appeal in an interference proceeding from the decision of the Board of Appeals of the United States Patent Office affirming the decision of the Examiner of Interferences awarding priority of the invention defined in the two counts in issue to appellee, Alex A. McCormack.

The interference is between appellant's patent No. 2,053,425, issued September 8, 1936, on an application filed February 23, 1934, and appellee's application...

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